AN ABSTRACT OF THE THESIS OF

Dawn J.Moyer for the degree of Master of Arts in Applied Anthropology presented on

June 8, 1999. Title: Countering the Subjugation of Indian Women: Strategies for

Adaptation and Change

Redacted for privacy

Abstract approved:

JohnA. Young

This thesis outlines dominant ideologies and practices that affect women's

authority in the urban social milieu of north India. Theories that consider the causes

of social stratification by gender as well as social movement patterns are useful for

understanding the durability of gender roles. The utility of these theories for

understanding the patterns of social organization in India is discussed. Additionally, I

report on interviews I conducted with police, non-governmental organization founders

and individuals who are involved in and affected by women's issues, in order to

outline potential variations in existing practices.

In urban India, traditional and contemporary social practices meld into a

proscribed, often volatile cultural setting in which women's roles are stringently

defined. In the city of New Delhi, reports of "bride burnings" or murders attributed to

family conflicts over dowry have surfaced during the last decades of the 2O century,

and resulting protest movements have sparked governmental and grass-roots level

reforms. Extreme cases of violence against women are indicative of troublesome

cultural ideologies, including the social and economic devaluation of women.

Urbanization has intensified financial negotiations in marriage alliances, and a

woman's social worth is increasingly measured according to her market value.

A Women's Movement comprised of various interest groups has contributed to

the dialog on the social climate of north India, and feminist advocates have sought to

redefine women's roles. Within the hierarchical structure of the Hindu culture,

concepts of kinship and community take precedence over personal agendas, and social

action is thus driven by family values as well as movement ideologies. State policies

designed to address social ills such as domestic violence are ineffectual because they

do not address the extant causes of abuse or constraints against women. Independent

organizations and activist groups have recognized the need to work within traditional

norms in order to advance women's movement objectives, despite the restrictions

inherent within patriarchy. These tactics risk accomplishing little social change, and

may at times perpetuate practices that limit women's activity.

Countering the Subjugation of Indian Women:
Strategies for Adaptation and Change

by

Dawn J. Moyer

A Thesis Submitted
To
Oregon State University

In partial fulfillment of
the requirements for the
degree of

Master of Arts

Presented June 8, 1999

Commencement June 2000
 Master of Arts Thesis of Dawn J. Moyer presented on June 8, 1999

Approved:
Redacted for privacy

Major Pro logy

Redacted for privacy

Chair of Deijrtment of

Redacted for privacy

Dean of Gr4daiSchool

I understand that my thesis will become part of the permanent collection of Oregon

State University Libraries. My signature below authorizes release of my thesis to any

reader upon request.

Redacted for privacy

Moyer, Author
Acknowledgments:

The continued encouragement and assistance of Dr. John Young has helped

me maintain my motivation and momentum throughout my academic program and his

willingness to provide his undivided attention, his paring of "unnecessary jargon" and

the challenge of interpreting his written comments were all invaluable parts of my

graduate training. The assistance of Dr. Sunil Khanna was essential in my research in

India, and without his expert motorcycle maneuvering skills, I would not have

experienced the "real" Delhi. I thank him for his enthusiastic support in the field as

well as in the construction of my thesis. In addition, Dr. Rebecca Warner provided

creative inspiration and motivation in the process of developing my thesis.

I wish to thank my husband and mainstay, Nathan Schumaker, whose

unwavering confidence in me was an invaluable component of my Master's program.

His willingness to suffer with me through hours of precious weekend and evening

work sessions has made this possible. My parents have been emotional and financial

supporters, and I thank them for encouraging me to pursue my dreams. I appreciate

even more the importance of my family in accomplishing goals and moving on in life.

Thanks to those who helped guide me in the writing process: Nancy

Rosenberger, Laura Henderson, Johanna Kramer, Adelia Falda, Dave Bigger and Deb

Burke all provided useful feedback and endured various drafts of my thesis as well as

my fretting over details. Graduate school has itself been a cultural experience, and I've

been fortunate to encounter such diverse and exciting people along the way. I have

learned much from my peers, colleagues and friends at Oregon State, and hope that

future generations of thesis writers can similarly benefit from anthropology.

 Table of Contents

1. Introduction . 1

1.1 Urbanization and Change .......................................................................... 1

1.2 My Research into Women's Programs and Circumstances ...................... 3

2. Social History and Setting .................................................................................... 5

2.1 Ideals of Womanhood ................................................................................ 5

2.1.1 Gandhi and the Perpetuation of the Feminine Ideal ................... 7

2.1.2 Tradition and Marriage Practices ................................................ 9
2.1.3 Efforts to Control Women ......................................................... 12
2.1.4 The Status of Motherhood and Stigma of Divorce ................... 16

2.2 Movements and Changing Ideologies ....................................................... 18

2.2.1 Early Social Reform in Colonial India ...................................... 18

2.2.2 Urban and Rural Expressions of Resistance ............................. 19
2.2.3 The Movement for Independence and Women's Involvement..21
2.2.4 Contemporary Women's Movements and Ideologies ............... 23
2.2.5 Politics and Change ................................................................... 28

2.3 Problems and Resistance to Social Practice .............................................. 30

2.3.1 Employment .............................................................................. 30

2.3.2 Education as a Mechanism for Empowerment .......................... 31
2.3.3 Urban Marriage and Dowry Dilemmas ..................................... 35
2.3.4 Domestic Violence and Support for Women ............................ 40
2.3.5 Legislation and Social Awareness for Social Issues ................. 42

3. Theory .................................................................................................................. 46

3.1 Economic Theories of Stratification .......................................................... 46

3.2 Social Movement Theories ...................................................................... 49

 Table of Contents (Continued)

4. Methodology .53

4.1 Research Questions .................................................................................. 53

4.2 Setting & Informants ................................................................................ 53

4.3 The Iterative Process ................................................................................ 55

4.4 Questions I asked ..................................................................................... 56

4.4.1 of residents ................................................................................ 56

4.4.2 of women at Shakti Shalini ....................................................... 57
4.4.3 of Crime Cell Personnel ............................................................ 57

4.5 Problems I encountered ............................................................................ 58

5. Data ..................................................................................................................... 60

5.1 Women's Crime Cells in New Delhi ....................................................... 60

5.1.1 Community Support for Women ............................................... 60

5.1.2 Visits to Police Station "Women's Crime Cells" ...................... 61
5.1.3 Meeting with Female Inspectors ............................................... 62
5.1.4 Meeting with the Police Commissioner .................................... 64

5.2 Shakti Shalini ........................................................................................... 65

5.2.1 Assistance for Women .............................................................. 66

5.2.2 Family Advocacy ...................................................................... 68
5.2.3 Mediation .................................................................................. 69

5.3 Case Study: An Urban Family ................................................................. 70

5.3.1 Background and History ........................................................... 70

5.3.2 Adaptation and Survival Strategies .......................................... 73
5.3.3 Looking to the Future ................................................................ 75

6. Discussion ............................................................................................................ 78

6.1 Stratification and Women's Subordination .............................................. 78

6.2 Movements and Organizations for Women ............................................. 82

 Table of Contents (Continued)

7. Conclusions and Recommendations .86

7.1 Police Action ............................................................................................ 87

7.2 Shakti Shalini and Support for Women ................................................... 88
7.3 Future Implications .................................................................................. 89

SourcesCited ........................................................................................................... 91

Appendices 96

Appendix A- Mamage advertisements from The Hindu ................................ 97

Appendix B- Chart of Women's Centre services, Bombay ........................... 99
Appendix C- Editorial cartoons from Manushi magazine............................ 100
 Countering the Subjugation of Indian Women:
Strategies for Adaptation and Change

1. Introduction

The aspects of culture which reflect social hierarchies in India have been the

subject of study for decades, and women's issues are particularly relevant to

anthropological research centered on social change. Women have long been central to

political and social movements in India, providing support and impetus for various

reform efforts. There has been more recent attention, however, to specific program

agendas that address women's issues, such as violence against women. State policy

changes and social movements to support mistreated women have attempted to

influence practices that adversely affect women. The purpose of this thesis is to

explore recent changes in policy and social practice, and examine the ideologies that

shape the conceptions of women's roles.

1.1 Urbanization and Change

Contemporary trends and traditional customs are continuously woven into new

social practices in urban areas of India, and women find ways to adapt to changing

circumstances and cultural expectations. Increasing rates of divorce, reports of

spousal abuse and violent threats against women by family members have precipitated

actions by grass-roots organizations and the development of state programs to address

issues specific to women. Additionally, government mandated resources such as

specialized police jurisdictions and legislation have arisen from an increased public
awareness of women's issues. The most effective strategies in use for addressing the

needs of women, however, appear to be those developed at the grass-roots level.

For more than a century, independent organizations in India have targeted a

variety of issues and improvements to women's social status. Educational and

property rights campaigns of the nineteenth century led to women's involvement in

the struggle for Independence in the early part of the twentieth century. A growing

feminist consciousness and an increased awareness of governmental inadequacy led to

a surge in women's activism later in the century, and beginning in the 1970's,

women's groups led reform efforts and political movements aimed at women's causes.

Feminist ideology has influenced civil movements, as state policies and societal

awareness have continued to grow and change.

With increasing urbanization and improvements in technology, changes in

family structure and gender roles have emerged. India's cities offer a range of

economic opportunities, and as families migrate toward urban areas, urban population

increases. Theories of economic and social "modernization" equate urban market

processes with high levels of gender stratification, and women's subordination.

Women's work is devalued, and so their status within society is diminished. Practices

that represent the quantification of female worth, such as the north Indian custom of

dowry in marriage, have been correlated with the overall devaluation of women and a

shift in marital alliance patterns.

Social factors also contribute to a willingness to constrain women, and in the

urban milieu, traditional notions of community accountability have been infused with

"modern" ideologies. Contemporary women's movements have promoted the re-

evaluation of these ideologies and deliberated the effects of social reform and family

values on women's empowerment. Feminists advocated for state intervention into

women's issues, but have expressed frustration at the ineffectiveness of such measures

to change dominant belief systems. Recent trends in women's advocacy have

recognized the importance of the social and family context in generating change, and

have adapted their agendas as a result.

1.2 My Research into Women's Programs and Circumstances

This thesis first presents an overview of the historical social factors that have

contributed to the subordination of women, and the cultural values which continue to

perpetuate gender roles. Ideals of womanhood and conceptions of a feminine

demeanor are woven into mythology and spirituality, as well as polity, and so are

integral to an understanding of gender. Social reform efforts and challenges to

women's roles have formed the backbone of a women's movement in India, and so

movements will also be discussed in relation to cultural change. The problems and

resistance that such movements encounter will additionally be examined as they affect

movement ideologies.

I will report here on research I conducted in Delhi in 1996 to assess the state

and non-profit programs for women. In particular, I will present data from interviews

with local police crime units, the founders of a feminist grass-roots organization,

urban community members, and finally, the case study of a divorced, middle-class

Hindu woman in a suburban colony in New Delhi. These data provide a framework
 4

for analyzing economic theories of stratification and social movement theories that

attempt to assign causality to women's problems. These issues are in a constant state

of transition, and it is for the purposes of understanding and promoting success for

women's empowerment that this study is intended.

 2. Social History & Settin2: An Overview of Women's Issues

2.1 Ideals of Womanhood

Religious traditions among Hindu Indians have for centuries fostered beliefs

about women's special powers and traits of the feminine to which every woman

should duly aspire. Goddess worship, myths and folk legends about women contribute

to the valoration of certain feminine ideals in both rural and urban communities

(Preston 1980: 9), and many beliefs and customs practiced for centuries are still

evident in contemporary ideals of womanhood. Changes in family structure and

traditional gender roles in urbanizing North India have led some social reformers and

women's rights activists to address the difficulties inherent in the struggle to integrate

new cultural mores with traditional practices. Many women grapple with social

ambiguies as they seek community acceptance for unprecedented life circumstances

(especially evident in cases of divorce, which are becoming more common). Women

may work outside the home while maintaining a household or even while raising

children, a practice more acceptable in urban areas where fewer social restrictions

dictate everyday behavior. Divorce and widowhood are still highly stigmatized, even

among middle class urban communities, although urban women are not as

marginalized in these circumstances as they are in rural villages. It is the uneasy

juxtaposition between new and old which has led to reform efforts aimed at redefining

women's roles and reclaiming status.

Codes of acceptable female behavior are still prevalent in urban settings and

fostered among families of all classes. For women of a variety of religious

 6

backgrounds raised with traditional Indian customs, feminine traits of grace, modesty

and self-effacement expected of girls are not viewed as limiting, but instead provide

guidelines for approved social conduct. The characteristic of submissiveness in

marriage is still often expected of young women given a "proper" upbringing

(Kalakdina 1975: 91). Current interpretations of the standards by which both men and

women are enculturated note that one's individual needs or desires are ordinarily

secondary to the needs of the community. Feminist advocate Madhu Kishwar

suggests that "the vast majority of Indian men and women grow up to believe that the

interests of the family are primary and take precedence over individual interests,"

(1997: 2). Women are thus expected to maintain a level of compliance with female-

specific roles and practices that are best realized within community and family

settings. The ideals of womanhood are inherently connected to the standards of the

larger society, and as such, are not easily challenged, though many more women in the

rapidly changing urban environment are finding ways to adapt such standards to their

individual life circumstances.

Ubiquitous Indian feminine ideals have their roots in religious and historical

movements such as the social reform efforts of the 19th century or in unification efforts

proposed by spiritual leaders like Mahatma Gandhi. Ideas about women's "nature"

and theories about intrinsic feminine qualities extracted from folklore and religious

texts were the basis for appeals to women in the politically charged milieu of pre-

independence India. Notions of India as the "motherland," combined with idealistic

characteristics of it's citizenry as selfless, pacifistic, maternal beings led the nation to
embrace uniform goals and adopt the "higher" elements of the feminine essence, for

the betterment of society as a whole.

2.1.1 Gandhi and the Perpetuation of the Feminine Ideal

Spiritual and political leader Mahatma Gandhi utilized traditional religious

and gender identities in his desire to enlist women in the struggle for freedom, and

through his radical views on the women's rights (Desai & Krishnaraj 1987; Fischer

1962) he validated women's frustrations with patriarchal conventions and venerated

women's subordinate roles by acknowledging their importance to the nation.

Anthropologist Maria Mies proposes that the attitude of moral superiority with which

the Indian Ideal of Womanhood was propagated was "greatly due to the fact that it

was woven together, at least partly, by the great men of the Independence Movement,

above all by Mahatma Gandhi" (1980: 123).

Gandhi was revered by many for the attention he paid to widows and lower caste

issues, in a time when there was very little debate about such topics. Few leaders of such

esteem spoke of equality, and Gandhi advocated this among all levels of stratification,

regardless of caste, gender or religion. Women, he suggested, were especially neglected and

in need of uplifting reform:

Congressmen have not felt the call to see that women became equal
partners in the fight for (self-rule). They have not realized that woman
must be the true helpmate of man in the mission of service. Woman
has been suppressed under custom and law, for which man was
responsible, and in the shaping of which she had no hand (Fischer
1962: 301-302).
 "He more than anyone else fought against the oppression and humiliation of

women" suggests Mies (1980: 123). Women's roles were to be maternally supportive

of the Independence movement and movement leaders, in the same way that India

itself was Mother of all her inhabitants. The great spiritual leader felt that it was this

virtuous "nurturing" instinct that would draw women into non-violent activism, and

Gandhi promoted this ideal as a way to advance the dialog of the movement without

raising the ire of the masses.

Critics argue that the success of Gandhi's appeal as a leader for many lay in the

fact that he was "reaffirming and not contradicting" of existing gender-specific

standards (Desai & Krishnaraj 1987: 151), and was thus able to bring together people

with varying agendas and interests. His belief "in (women's) nonviolent and self-

sacrificing nature" (Desai & Krishnaraj 1987: 151) served to essentialize women and

further idealize their socially proscribed roles:

Of all the evils for which man has made himself responsible, none is so
degrading, so shocking or so brutal as his abuse of the better half of humanity-
to me, the female sex, not the weaker sex. It is the nobler of the two, for it is
even today the embodiment of sacrifice, silent suffering, humility, faith and
knowledge (Fischer 1962: 246).

His response to women's complaints about molestation and acts of violence by men,

Mies suggests, was to point to the Hindu goddess Sita as a model, who Gandhi

admired for her "self-sacrifice and her ability to suffer injustice without talking back"

(Mies 1980: 124). His conviction that "the inner-purity and determination of a woman

would suffice to resist even physical violence" was evidenced in his advice to women

to "die rather than to yield to the 'brute desires' of a man" (Mies 1980: 124). The level
of spiritual attainment to which women were to be more inherently capable perhaps

further muted the voices of active resistance and promoted the silent suffering of a

morally upstanding and self-sacrificing gender.

The focus on nationalism and women's identities as maternal, pacifistic beings

integral to the freedom movement obfuscated the issues that women's movements of

the later part of the twentieth century would continue to struggle with. In her

description of Gandhi's teachings, Mies describes the images with which he promoted

the idea of woman's natural "constitution" which still prevails today: "A new myth of

the Indian woman had to be created, that combined all the womanly virtues which

Hinduism preached for several thousand years with the virtues of the modern woman"

(1980: 123-124). His efforts to unite India for a common cause contributed to

women's conceptions of self worth, as well as the overall ideology of womanhood as

part of a larger whole, including family and community. Just as a mother has

obligations to her family, so did India's citizenry have an obligation to their country

and one another.

2.1.2 Tradition and Marriage Practices

In traditional Hindu family structures of north India, marriage is a

consideration for families as well as for the individuals involved, as it affects

relationships and alliances within the community. Public control over one's private

life has long been an aspect of Hindu culture, and marriage was no exception: "it was

indeed a concern of the whole community, as endogamy was one of the fundamental

aspects of the caste system with a bearing on social rank. Transactional modalities,
 10

rituals and rites in a marriage were therefore part of a public spectacle, supervised and

often monitored by the community," (Bandyopadhyay 1995: 14). Caste hierarchies are

thus part of a normative system that helps define, determine and also legitimize the

social structure. Marriages are important unions designed to reinforce and lend

authority to the process of social order.

A Hindu wedding is customarily arranged by relatives of the bride and groom,

and requires the transfer of property from the family of the bride to the family of the

groom. "Dowry or daan dehef is thought by some to be sanctioned by such religious

texts as the Manusmriti (van Willigen 1991: 255), and is thus believed to be a

religious obligation of the father of a woman and a matter of religious duty. At the

time of the marriage, authority over a woman is transferred from her father to her

husband, and the dowry given as part of the marital alliance is understood to be a

contribution which will stabilize the marriage, benefit the daughter, and possibly

enhance the prestige of the donors--the bride's family (Mandelbaum 1970: 106). The

traditional exchange of dowry includes cash gifts given to the father of the groom to

become part of his common household fund, and household goods, often used by

urban newlyweds as they set up postmarital residence.

The reputation of the bride's family is in question upon the arrangement of a

marital alliance, and so, important among the presentation of goods by the bride's

family is a wedding celebration. This is one aspect of the dowry in which the family of

the bride can participate. As an overt display of generosity and a significant indicator

of social status, the village level celebration provides an opportunity for the parents of

the bride to "activate a network of gift-giving involving families of different jatis

 11

[castes] as well as kin.. .Establishing a wider range of gift-giving brings returns in

power as well as in prestige to a magnanimous donor because the recipients are more

apt to support the gift-givers in the perennial contentions of village life,"

(Mandelbaum 1970: 109).

Traditional rules of endogamy, or marriage within one's caste or status group,

are widely practiced in rural villages, but in urban areas, education or other indicators

of status may serve to increase the prestige of a family, and thus allow the possibility

of a marriage between caste groups (Mandelbaum 1970: 653). For a man, marriage to

a woman of lower caste is possible if she brings a large dowry and meets traditional

standards of acceptability, including the consideration of such traits as good demeanor,

health, diligence, fairness of skin and even physical attractiveness (van Willigen 1991:

256; Mandelbaum 1970: 105). A young woman should be within the range of optimal

marriage eligibility age, lest she raise suspicions about the reasons for her unmarried

state (Mandelbaum 1970: 105).

Education for women is subject to the concerns of family, and due to

perceptions about proper eligibility ages, it is preferable not to postpone marriage for

the pursuit of academic studies. Indeed, the value of an education is further weighed

against the need to match a daughter's educational level with that of a potential

husband's, and so some families fear that "education worsens the dowry problem"

(Mandelbaum 1970: 652). Marriage arranging is thus a primary consideration when a

family contemplates the education attainment of a girl.

There are many theories about the utility of dowry practices and institutions

which perpetuate the practice far beyond the close-knit village community.
 12

Contemporary adaptations of such traditional customs have emerged from functional

and social practices which allowed for relationship building and reciprocity, none of

which are evident in today's urban marital arrangements. Westermarck, for example,

suggested that dowry originally served as a social marker indicating the legitimacy of

the spouse and offspring, and that it was a mechanism for defining women's roles and

property rights in the new household (1921: 428). Other theorists like Murdock

(1949) saw it simply as an economic contribution serving as a confirmation of the

marriage contract. Friedl (1967) and Mandelbaum (1970) described the practice as a

means to suit a woman to her affinal home, since her presence causes an upset in

existing social relationships- for example, disrupting the inherent loyalty between a

son and his parents (Mandelbaum 1970: 63);Oowry has historically been seen as a

sort of anticipated inheritance by which a widow is assured of support, and provision

for her offspring (Friedl 1967; Goody 1973, 1976) and is described as an expression of

the symbolic order of society. Dumont (1957) more generally assumed that dowry

expresses the hierarchical relations of marriages in India and the lower status of the

bride. It's continued utility and the resulting social stresses in the urban arena have

been the subject of activism and social criticism, and will be discussed further in the

third part of this chapter.

2.1.3 Efforts to Control Women

The traditional north Indian family structure is patriarchal, and at the village

level, virilocal. A woman, upon marriage, will live with her husband and his family,

and she will assume a subservient role in the household- beneath that of her mother-in-
 13

law, sisters-in-law and any elder women (all of whom are of a lesser status than the

household men). Her position in the household will remain difficult until she has

given birth to a male child (Tyler 1973: 136). From that time on she is treated with the

respect accorded motherhood, but she may not retain authority or power in the

household until her son is married, and her daughter-in-law joins the family.

Rules of inheritance ensure that women, whether in the status of daughter, wife

or widow, rarely receive any family property, but that they are entitled to maintenance

by their male kin (Mandelbaum 1970:35). In the case of widowhood, a woman may

stay on with her affinal family, working to contribute to the household, or in some

regions she may eventually be re-married to her husband's brother (levirate marriage),

though this too is prohibited among the highest caste of Brahmins (Wadley 1994:

135). In villages where a woman might receive property upon the death of her

husband, her husband's brother may marry her, in order to keep the property in the

family (Wadley 1984: 135). In many regions of north India, however, the position of

the widow is among the lowest in the social order.

The social effects of widowhood on a woman are stigmatizing, and her status

as a "polluted" or spiritually impure individual has dire consequences for her,

including a predominant practice of disallowing widow re-marriage. The "eternalist

concept of marriage" (Bandyopadhyay 1995: 17), or the belief that a woman's wifely

duties and loyalties to her husband are carried over into death have contributed to

prevailing sentiments that widows should not join again in a marital alliance, and must

in fact remain celibate for the remainder of their lives. Her sexuality must be
 14

controlled through strict codes of moral behavior, although Bandyopadhyay notes that

"such restrictions were not applicable to the widowers," (1995: 17).

Traditional customs of widowhood include the practice of sati, in which a

widowed woman, prostrate with grief, demonstrates her fidelity and devotion to her

husband by throwing herself on her husband's funeral pyre (Tyler 1973: 136). This

"selfless act" also spares her family the task of assuming care for her. The practice is

now outlawed, and occurs only rarely- though newspapers like the New Delhi

Hindustan Times carry occasional articles about such acts (personal contact, Delhi).

The role of the surviving widow is that of hapless laborer- suspected of fostering

sexual desires and ill will toward those around her: "Not only is she suspected of

making aggressive sexual advances toward the men of the house, she must be closely

watched lest her pent-up sexuality vent itself on outsiders and disgrace the family,"

(Tyler 1973: 136). Few middle caste widows remarry, due to the negative perceptions

of their purity. For this reason, a young widow will return (if possible) to her natal

family, where she may count on her brothers for support.

Practices essential for maintaining the purity of one's body and spirit are

important in the conception of rank, or caste distinctions. Any deviation from such

codes would "lead to the fall from the ascribed rank, or loss of caste, which implied

the denial of interaction with the local community and sometimes even of essential

social services," (Bandyopadhyay 1995: 16). Conducting oneself in a manner

appropriate to one's j ati or caste, and acceptance of the ranked order of society has

traditionally been important in maintaining access to Hindu society (Bandyopadhyay

 15

1995: 16). An association with an "impure" widow thus has larger implications for

one's purity and community perceptions of social standing.

Endorsements for the practice of widow remarriage and the removal of

restrictions on women's activities were salient in the social reform movements of the
20thi
century. Gandhi advocated for a societal acceptance of widow remarriage and

argued for the cessation of the practice of seclusion (purdah) and veiling, which are

linked with conceptions of purity:

(Why) is there all this morbid anxiety about female purity? Have
women any say in the matter of male purity? We hear nothing of
women's anxiety about men's chastity. Why should men arrogate to
themselves the right to regulate female purity? It cannot be
superimposed from without. It is a matter of evolution from within and
therefore of individual self-effort (Fischer 1962: 246).

The practice of seclusion, or confinement of women to the home, also

arose from the desire to control women's sexuality and activities outside the

home, and has ordinarily been practiced by upper and middle caste families, in

which a women's labor is not critical (Mandelbaum 1970: 38). The

appropriation of this practice by a number of social groups has led to an

increasing incidence of seclusion among lower status families as well, as a

process of "sanskritization," or an attempt to raise the status of lower ranking jati

members by imitating the practices of the upper castes (van Willigen 1991: 259).

Limiting women's activities allows a family to control public perceptions of

purity and morality within the home.

Notions of autonomy for women are thus associated with uncontrolled desires

and rampant disregard for social order, and have been carefully manipulated in village
 16

communities as well as urban ones. Within urban areas, restrictions on women's

activities have been lessened, with fewer women in purdah, and advances in dialog on

topics like widow re-marriage by women's movements. Diminished restrictions on

divorce and remarriage have resulted in changing perceptions of traditional social

codes (Khanna, in press), although within most social strata, such practices are still

highly stigmatized for women.

2.1.4 The Status of Motherhood and Stigma ofDivorce

For the Indian woman, the important titles worn throughout her life reflect the

scope of her duties and her succession of relative roles: she is daughter, sister, wife

and daughter-in-law, and in her ultimate achievement, mother of sons (on whom she

may depend, later in life). To fail in fulfilling these obligations to one's family is to

forfeit the approval of community and the status accorded motherhood. The role of

motherhood, both as a security in childrearing years and as a respected social position,

is of vital importance in situating a woman within family and society.

Motherhood is considered one of the highest achievements for a woman: the

benefits include increased social status (especially if she has provided the family with

a male heir) as well as security in old age (Kalakdina 1975: 91) and a recognized

position of value within the family. The favor bestowed by family members is a

significant factor in the retention of women's traditional roles. Indeed, "there is no

doubt that the woman who accepts this role and plays it out to perfection, the ideal

Indian wife and mother, is revered and loved," (Blumberg 1980: 3). The limited

duration of the child-rearing years, however, and the diminished role of the family
 17

"matriarch" in today's urban nuclear households leaves a woman's status beyond

"mother" somewhat ambiguous.

Women who are stigmatized for being separated or deserted, in rural and in

urban areas, are granted only marginal status in community life (Kumari 1989: 79). In

cases of divorce or abandonment, a woman is often held responsible: "In most cases

[in rural villages] it is common to believe that divorces take place due to either a

quarrelsome and/or promiscuous wife. Physical diseases and/or sexual problems are

also attributed to her," (Kumari 1989: 79). For a divorced couple whose children are

married off, the urban wife and mother is left without an active social role, since the

status afforded mothers is indelibly linked to the institution of marriage. For female-

headed households, economic opportunities are diminished due to obligations to child-

rearing tasks and the high degree of stigmatization in employment outside the home.

Those women who find themselves in deteriorating or abusive marriages do

not often retain a variety of options or rights in the case of divorce. Marriage laws,

written long before women's advocacy groups organized to protest legal

disadvantages they suffered in marriage, have long favored fathers in battles over child

custody or in disputes about maintenance payments (a form of alimony) made to non-

working women (Flavia 1991: 13). Additionally, payments which are made in marital

agreements (i.e.: dowry) and often continued throughout a marriage by a woman's

family are rarely rescinded upon marital separation. Although marriage and divorce

laws vary by religion, the penalty for women in cases of divorce in all Indian religions

is both economically and socially damaging.

 18

2.2 Movements and Changing Ideologies

2.2.1 Early Social Reform in Colonial India

During British occupation, India experienced an influx of "western" thought,

and endeavors to "uplift" or empower peasants and women (indeed, all oppressed

groups) were inspired by the stirrings of Indian social agitators and reformers of the

early nineteenth century. One early social reformist, a British-educated Bengali Raja

named Ram Mohan Roy, advocated in the nineteenth century principles of "reason and

individual rights" (Liddle and Joshi 1986: 19) for all people and publicly denounced

the caste system and abuses on women. Roy demanded civil and political rights for all

oppressed groups and was among the first social reformers to campaign against the

practice of widow immolation or sati (Liddle and Joshi 1986: 20). As a promoter of

such "radical" ways of thinking, his small elite organization, founded in 1828, was a

considerable influence on women's groups, which emerged later in the century

(Towards Equali'; p.52-4).

Movements aimed at social change began to propel public perceptions of

morality and issues affecting women, without overtly critiquing traditional social

structures. Most social reform groups of the nineteenth century, including those which

focused on gender issues, were headed by men, and, as a consequence, the groups "did

not attack the prevalent patriarchal system in any way" (B.Ray 1995: 179). Rather,

the attempt was made to improve the condition of women within the frame of
 19

patriarchy'. Women's roles remained largely the same in the nineteenth century, even

as organizations began to challenge some of the "more ugly and unpalatable forms of

oppression and 'backwardness" (Talwar 1989: 206), such as restrictions on widow

remarriage, child marriage, and purdah.

2.2.2 Urban and Rural Expressions of Resistance

The formation of social reform groups in the 19th and early 2O centuries came

primarily from the educated, urban middle classes and as such did not focus on issues

of class as a factor in gender oppression, though this would eventually surface in

feminist debates of the mid-to-late twentieth century (Mies 1980: 8-9). In his analysis

of women's writings in journals and magazines in the early twentieth century, Vir

Bharat Taiwar suggests that the earlier need for reform among the urban educated

stemmed from "the conflict between the needs of an emergent 'educated' urban

middle class and the norms of the older, feudal joint-family system" (1989: 205).

Such reforms were an attempt to change the older patriarchal system and bring it in

line with the material needs of the urban middle class. Talwar maintains that urban

middle class families, themselves no longer "productive units" but places which

fostered emotional fulfillment, began to redefine the roles of women, and hence the

earliest women's movements were largely confined to urban areas (1989: 206).

Taiwar links women's rights organizations of the early twentieth century to an

'I will refer the reader to Vir Bharat Taiwar in his description: "The term patriarchy is used (here) to
mean not only the system of familial organization in which the father as head is vested with primary
rights, but also to mean a//the extant economic, social, political and cultural systems which 'naturally'
grant the first place to men rather than to women." (p.205, 1989)
 20

awareness of gender issues brought about by nineteenth century women's travels

outside of India. Upper and middle class women who "crossed the bounds of familial

and cultural restrictions of a patriarchal society" (Talwar 1989: 206) and went to study

abroad caused the first stirrings of pre-feminist ideological discourse, he suggests.

Women-led movements began to appear, then, as Indian women returning from

studies overseas brought an awareness of their "rights" and they began to view

traditional women's roles as limiting. Many women returned to India with western

models of feminine ideals modeled on the Victorian Englishwoman, and these were

combined with traditional feminine Indian cultural traits reflecting a morally superior

"glorious ancient" pre-colonial period (B. Ray 1995: 180). Bharati Ray maintains that

among the elite colonial Indian classes, this led to an ideology of an educated and

'modernized' wife who aspires to "learn household skills and... to become a good

mother and housewife" (1995: 181).

It was not only among the urban elite and educated or literate classes, however,

that gender discussions were fostered. Forms of oral expression utilized by rural

North Indian women, for example, such as songs or proverbs, often reflected a

willingness of women to challenge dominant patriarchal practices and social

hierarchies. In her analysis of Indian proverbs, songs and women's use of language,

Gloria Raheja proposes that such forms of expression "articulate a subversive moral

perspective that is invoked by women as they negotiate their identities within the

constraints set by patrilineal kinship in northern India" (1994: 52). Speech or songs as

expressions of female solidarity and resistance to gender roles, she suggests, reflect

challenges to the dominant ideology, and are viewed by some as "rituals of rebellion"
 21

(Raheja 1994: 50) against oppressive codes of conduct. These and other responses to

patriarchal customs are evidence of a continuous movement among Indian women to

come to terms with their womanhood.

2.2.3 The Movement for Independence and Women 's Involvement

Many South Asian historians locate the origins of a formal women's

movement in India within the anti-imperialist movement of the nineteenth century

(B.Ray 1995; Kumar 1995; Liddle and Joshi 1986; Mies 1980; Shah 1989). Bharati

Ray suggests that the culmination of activity related to the Independence movement

"provided new forces and influences.., to shape the contours of women's

consciousness" (1995: 181). Encouraged by men who saw the importance of enlisting

women in the struggle against British occupation, many more women were in fact

drawn into the Independence movement on Nationalistic, moral and even religious

grounds. In her account of the recruitment of women in the Nationalistic efforts of the

early twentieth century, Ray describes the attempt to bring women into the movement:

.the nationalist appeal was to the indigenous Indian concept of

women as the embodiment and transmitter of traditions. Moreover, the
nationalist leaders subtly converted the socio-economic struggle against
the British into a worship of the motherland, which was in its turn
transformed into a mother-goddess" (B.Ray: 183).

Indian National Social Conference (NSC) reformers also contributed

significantly to the movement for independence from the British in the late 1800's, as

the initiation of the foundation of the Indian National Congress focused attention on

the movement for Independence (Liddle and Joshi 1986: 20). The National Social
 22

Conference itself had established as its goal the nationwide emancipation of women,

and many contemporary historians and researchers believe that at this point in history

the issues of women's social reform and the country's independence from British

colonial rule became entangled (Liddle and Joshi 1986; Taiwar 1989; B.Ray 1995).

The NSC led a campaign against the ban on widow remarriage, it discouraged child

marriage; the organization and other reform groups took up the question of education

for women and set up a small number of girls schools (Liddle and Joshi 1986: 20). It

would be years, however, before education became an option for most women, as

social practices continued to relegate women to traditional domestic and family roles.

Many of the women and men who chose to lend themselves to the freedom

movement in India did so as an act of patriotism. The first organized efforts on behalf

of women's groups across the country focused on the good of society and not on the

individual needs of women themselves. From these early efforts, feminist

organizations in India have been largely composed of urban and middle-class women,

and as such they could neither represent women's issues as a whole nor motivate

women to seek social change (Kumar 1995: 64). The connection with the freedom

movement did, in effect, generate social discourse on women's issues and help to

change ideas about women's life situations. An increased "political and social

awareness" arose within the middle classes of the 20thi century as did a growing

feminist consciousness among women (B. Ray 1995: 177). Challenges to traditional,

family-centered social roles and the "artificial dichotomization of the 'male' sphere of

the public and the 'female' sphere of the domestic domains" (B. Ray 1995: 178) which

was also a Victorian legacy, led many women to ask important questions about the
 23

culture ofpatriarchy: "The ethos of housework as a woman's only work and wifehood

or motherhood as the supreme fulfillment of her life underwent an alteration, since it

was proclaimed that a woman also had obligations to the motherland, outside the

parameters of the home," (B. Ray 1995: 202). Women began to enter the world of

politics, both through gaining social awareness and gathering support for organized

efforts to win the right to vote. The concept that women were inferior to men was

slowly eroded as intellectual and activist women's organizations began to nurture

discussions on women's roles in society (B. Ray 1995: 203). It wasn't until several

decades after independence, however, that women's movements began to focus on

their particular needs and agitate for changes that would improve conditions for

women and change gender ideologies.

2.2.4 Contemporary Women 's Movements and Ideologies

Feminists as well as traditionalists have struggled to reclaim the notion of a

feminine ideal, and present-day social and political agendas continue to shape the

identity of the Indian woman and her roles. In her description of the economic

limitations and cultural barriers of patriarchy, Maria Mies' description of the "Indian

Ideal of Womanhood" (1980: 122) depicts a standard not only "oriented towards the

idealized and revitalized mythical figures of women from the epics, the Ramayana and

the Mahabharata, but also as anti-image to the Western reference image, the

temptation of which was seen as a danger for one's own cultural identity," (Mies,

1980: 123). Indian feminists have worked to define the women's movement in

opposition to Western feminism, with a unique emphasis on dignity and self-

 24

preservation. Feminist advocate Madhu Kjshwar describes the differences in Western

and Indian ideology:

Feminism in the West came as an offshoot of individualism: the doctrine

which holds that the interests of the individual should take precedence
over the interests of the social group, family, or the state. However, in
India, despite the cultural diversity among its various social, caste and
religious groups, there is a pervasive belief shared equally by men and
women that individual rights must be strengthened not by pitching
yourself against or isolating yourself from family and community, but
rather by having your rights recognized within it (1997: 2).

The feminist journal Manushi continues to propel dialog about Indian women's

issues and feminist principles, as well as human rights issues and contemporary

political practices for rural and urban women of all classes. The magazine urges

women to reconsider the ideals of the Indian woman and take strength from a shared

heritage: "Our cultural traditions have tremendous potential within them to combat

reactionary and anti-women ideas, if we can identify their points of strength and use

them creatively," (Kishwar & Vanita 1984: 47). Articles on family, abuse, law,

sexuality, social and political topics appear in Manushi's monthly magazine, and

feminist expression continues to drive public awareness of women's issues. Such

efforts to bring women's matters into public awareness have lent authority and power

to the women's movement, and indeed, various organizations have emerged from

larger social issues and women's agendas.

Women's organizations have arisen to draw attention and assistance to women

faced with extenuating circumstances or dire problems, and many are focused on

particular causes deemed problematic, such as divorce, dowry or widowhood. In her

discussion of women's lifecourse perspectives, Rhoda Blumberg (1980) suggests that

 25

the responsibilities that women assume, based upon roles spelled out in "sacred

literature, law and practice" have not necessarily diminished with the increase in the

number of organizations devoted to women's causes (1980: 3). Without grassroots

organizations, however, abused or threatened women would find little economic or

emotional support, especially when so many are distanced from families in urban

areas.

Recent feminist actions in India have not been limited to educated and middle

class women, and although feminist campaigns of the late 1970's and 1980's were

dominated by city-based groups, a similar growth in feminist consciousness took place

in certain rural movements. Demands for independent women's organizations "came

from the women themselves, who raised the issues of wife beating and landlord rape

through the mahila sanghams (women's committees)" (Kumar 1995: 65). Agricultural

laborers movements also emerged from women's involvement in local politics, and

some efforts drew support from student's associations as well as political groups.

Concerns about the (lack of) earning power among women and the problems of

maintaining dual roles (wage earner and mother) gave way to movements aimed at

economic reforms for women. The Anti Price Rise movement of the early 1970's, for

example, was taken up by a Working Women's Organization, the Socialist Party,

Congress, as well as non-political middle class housewives (Desai 1986: 295), and

drew support for social issues at the same time. These actions have proven effective in

drawing attention to the economic and social issues of lower caste women.

Women's work has largely centered on domestic duties and unremunerated

labor within the household, and as such has isolated women from social settings which
 26

are conducive to the formation of friendships and alliances. Those women who have

become employed outside the home have helped found a number of organizations to

address issues central to working women (the Self-Employed Women's Association,

or SEWA, is one example). The dedication of organizations like SEWA to the

expansion of cooperative ventures for women in both rural and urban areas is viewed

by many as an "effort to build empowerment" (Calman 1992: 101). The process of

organizing economic cooperatives often leads to communication and activism about

social issues important to women, such as dowry practices, rape, physical violence,

and alcoholism (Kumar 1995; Calman 1992). SEWA emphasizes the "critical

importance of unity, organization, and self-reliance for solving these problems"

(Calman 1992 101). Women's "Toilers' Organizations" in Maharashtra in the early

1970's, for example, formed in reaction to issues facing working women but also

moved on to address social issues that concerned them. Members literally took

matters into their own hands by moving from village to village destroying liquor casks

to demonstrate against abuses which are often attributed to alcoholic episodes (Kumar

1995: 61; Kishwar 1984: 135). Women who organize such efforts target behaviors

which impose hardships on women and families, and their joint efforts have often

proved much more productive than laws or regulations which are aimed at similar

issues.

Women's organizations have rallied against acts of violence toward women,

such as rape and domestic abuse (Kumar 1995; Calman 1994). Groups like the

Bombay Forum Against Rape (which is now called the Forum Against the Oppression

of Women) have agitated for changes in the Indian Penal Code to protect women's
 27

rights, even forming alliances with political affiliates such as the Socialist and

Communist parties to demonstrate for stricter legislation (Kumar 1995: 71). Laws,

however, do not address the cultural causes of such practices, and so advocates

continue to drive public awareness campaigns that are aimed at bringing a social

conscience to the treatment of women.

In her analysis of Indian women's organizations and movements, Leslie

Calman reports on the actions taken by the government of India on behalf of women,

which she purports "have been prompted, ideologically and materially, by

international feminism" (1992: 49). Following a 1967 United Nations Declaration of

the Elimination of Discrimination Against Women, the government of India

constituted a Committee on the Status of Women (CSWI), which released a report in

1975 entitled Towards Equality, detailing examples of the inequalities and abuses of

women, as well as suggestions for society-wide improvements. The authors of the

document advocated for improvements in women's rights, and stated that "equality for

women (fell) not only within the moral scheme of 'social justice' but squarely within

the developmental needs of the nation as a whole" (Calman 1992: 50). Women's

rights organizations and advocacy groups have utilized the results of this study since

it's publication to bolster arguments for legislation and social changes which would

institutionalize equality. Diane Mitsch-Bush suggests, however, that these actions

involve mutually opposing goalsprotection and empowerment (1992: 602).

The publication of Towards Equality did little to impose structural changes on

society, and in fact it's writers argued that "the government bears sole responsibility

neither for the inferior position of women nor for its remedy" (Calman 1992: 50).
 28

Laws which would protect women, the authors suggested, were in advance of social

norms, and would only be marginally effective because of "the normative and

structural unpreparedness of the society to accept their goals and means" (Calman

1992: 50). As the only comprehensive study of it's kind to have ever been

documented in India, however, the study carries a great deal of authority. The notion

that the government of India favors social reforms benefiting women has met with

cautious optimism by some advocates and cynicism by many others concerned with

the efficacy of bureaucratic solutions to social ills.

2.2.5 Politics and Change

Politics in India have long been infused with social and religious ideologies,

and the increasing popularity in the 1990's of the "Bharatiya Janata Party" (BJP) and

other fundamentalist Hindu political parties has accompanied a shift in social

movement concerns and a divisiveness on a national level. The promotion of

"Hindutva" or a "purposely vague concept of Indian culture" (Rahman 1999: 2) by

political parties has centered around Hinduism, and socio-political agendas have

targeted social conservativism and religious intolerance as a factor in Indian

nationalism (Bilgrami 1996: 11). Women have been drawn into this movement

through grass-roots organizations and income-generating programs for women

sponsored by Hindu nationalist parties (Banerjee 1996: 1214). Traditional social roles

are reinforced in Hindutva political messages and through the creation of a social

niche for women that "challenges the notion of female emancipation that Indian

feminists have been trying to disseminate in their country," (Banerjee 1996: 1214).
 29

One party, the "Shiv Sena," has actively recruited lower and middle-class Hindu

women through economic and ideological incentives designed to give women a sense

of empowerment (Banerjee 1996: 1213).

Although these politically fundamentalist organizations have used feminist

issues to attract more women, traditional roles are emphasized, and feminists are

portrayed as supporters of Western culture (Butalia 1996). It is this "clever balance

between tradition and change" (Banerj ee 1996: 1218) that enables such organizations

to thrive. The Shiv Sena, for example, organizes rituals emphasizing the primary

female role of wife and mother, while at the same time encouraging women to

"transcend their domestic role(s) to enter the public realm of political action"

(Banerjee 1996: 1218). Leaders within the organization also take action to resolve

disputes between husbands and wives, even at times threatening husbands who abuse

their wives (Banerjee 1996: 1218). They thus promote a sense of community within a

political realm focused on the preservation of social order (such as the family) and

ritual empowerment.

The Shiv Sena's construction of ideals of Hindu womanhood based on rituals

and ceremonies may instill a sense of comfort and belonging that is lacking in feminist

agendas (Banerjee 1996). Without challenging or alienating those who work to

maintain the social order, the political leaders of the Shiv Sena are able to draw

women together for movement activism by offering them space in the public sphere.

This has granted some women a sense of empowerment in the context of traditional

social norms and practices.

 30

2.3 Problems and Resistance to Social Practice

2.3.1 Employment

Women's work outside the home is often viewed by both sexes as secondary to

domestic responsibilities, although this does not necessarily indicate a lack of

authority in household matters. Wadley and Jacobson suggest that a gendered division

of labor (domestic vs. remunerated) is not entirely indicative of male dominance, but

rather is a factor of established gender roles: "women are usually dominant in home

activities- in matters relating to birth, child care, housework and food preparation"

(1977: 62). In Patricia and Roger Jeffrey's account of rural North Indian village life,

however, they conclude that most women cannot manage substantial economic

resources unless permitted to do so by their "domestic authorities," including a

husband and his family (Jeffery and Jeffery 1994: 137). "There is a widespread

disapproval among Indian women themselves of the employment of women outside

the home, even for those women whose educational level might make them

employable in a range of respectable white collar jobs" (Jeffery and Jeffery 1994:

137). Authority for women is thus bound up in domestic responsibilities and

household tasks.

Class or caste awareness often contributes to the ideal of the housebound wife,

as the middle-class preference for "stay-at-home" wives and mothers has emerged as a

mark of status, isolating women from communities (Kandyoti 1988; Mies 1980;

Wadley and Jacobsen 1977). Traditional patriarchal institutions of North India

perpetuate practices which constrain women, such as purdah or restrictions on widow

remarriage. Kandyoti notes that the seclusion enforced by these practices "further
 31

reinforces women's subordination and their economic dependence upon men"

(Kandyoti 1988: 280). In urban areas, however, the practice especially limits women

whose extended families are often far away. Managing the household is itself a

challenging task, especially as the nuclear family residence gains favor and there are

frequently no other adult family members in the home during the day to lend support

with household responsibilities. For the urban family, a woman's willingness to stay at

home with the children is an essential economic component, albeit an unremunerated

contribution.

For those women who must retain work in order to sustain the household, there

are few support networks available to assist in the simultaneous responsibilities to

family and job. Child "day care" is highly stigmatized, and thus has not received the

support of women's movements or political agendas and is largely unavailable (Desai

1986: 294). Improvements in technology and production have further reduced the

need for women's labor, and as a result, more women find employment working in the

"unorganized sector" (Desai 1986: 295- 296), which provides poor wages and working

conditions. Women who must work outside the home have been forced to live within

the economic and social constraints of a rapidly industrializing urban setting, usually

without the support of social welfare or governmental programs.

2.3.2 Education as a Mechanism for Empowerment

Since Independence from Britain, women receive more schooling than they

ever have in the past, although the female illiteracy rate in India remains one of the

highest in the world (Verma 1997: 1). The question of women's education has long
 32

been the subject of debate within the larger context of women's rights. To many

activists and theorists, education of women was a primary goal, needed in the struggle

to advance women's status in Indian patriarchal communities (Bhasin 1995; Jeffrey

and Jefferey 1994). Formal education for Indian girls first gained approval among the
19th
urban middle classes of the century, as women's organizations took interest in the

issue and began to challenge traditional methods of educating daughters within the

home, (Desai & Krishnaraj 1987: 150). The practice of women's seclusion lent

preference to this type of education, as it allowed for "learning over a number of years

which could often be continued-- or even started-- after marriage" (Desai & Krishnaraj

1987: 150). Isolation from other students was seen as a protection for daughters, and

it also insulated young women from the influences of the larger society, preventing the

formation of relationships or affiliations with those outside the family.

Conflicting opinions of the importance and use of an education for a daughter

(whether it will make her a better wife, or make a marriage arrangement easier or

harder, for example) continue to make dialog on educational issues difficult for young

women. In regions where families do regularly send daughters to school, the objective

of an education is often still tied to gender roles and societal expectations, and as such

is often concerned with practical knowledge rather than academic rigor. "While

women were to be educated and 'modernized'," suggests Bharati Ray in her

discussion of early twentieth century feminist efforts, "they were to bear all the

traditional responsibilities of a respectable home and depend totally on the male head

of the family" (1995: 181). The goals in the education of young Indian women have

thus been largely symbolic and are more closely linked to social practices and status
 33

than to survival strategies. It is expected that an educated woman will contribute

socially to the family and community, rather than economically: "Educated women

are not only raising their own socio-economic status but they are enhancing

intellectual horizon of their children, uplifting the socio-economic conditions of their

family and playing a significant role in raising their family status," (Mishra 1992: 43).

These values are especially prevalent in economically privileged upper and middle

class families, who are more likely to have the financial resources to allocate for a

daughter's education. "Lower-middle" class families may also retain the same values,

but find it necessary to first train daughters in practical skills and household duties.

Challenging traditional codes of social conduct for girls, such as the practice of

purdah (seclusion of women within the home) can be problematic, if not impossible,

for an isolated young woman. Girls, for example, are not often afforded the same

opportunities for study as boys, since they need to learn more practical skills necessary

for their future home-making, and these can take precedence over purely academic

subjects, such as literature or science.

Achieving an education equivalent to that of their male peers' has not been an

option in many regions of India and is even today contested in many regions. The

1959 Indian Committee on Women's Education aimed to close the gap between the

education of women and men, and in 1966 the Report of the Education Commission

officially recognized this as a priority, although for economic reasons "women's

education was functionally subordinated to the goal of 'development ofproductivity"

(Mies 1980: 132; italics mine). Making India a more efficient and strategically

successful nation was a goal that the Education Commission identified in its advocacy
 34

of publicly funded education. Colleges and Universities were urged to prepare women

for their housewife-mother roles, with emphasis on the ever-greater importance of the

economically supportive roles of women and the duties of women to serve society

(Mies 1980: 132).

Although formal education at all levels has since become more widely

available to women in present day India, it does not necessarily lead to economic

stability for families or employment for women. The obstacles to pursuing work

outside the home after marriage often outweigh the benefits, especially when one is

responsible for domestic duties such as family and household. The types of education

parents prefer for girls as opposed to that available to boys reflect these traditional

expectations (Ray 1995; Wolpe 1978; Desai & Krishnaraj 1987), and thus the choice

of coursework and the level of attainment for young women is often gender based.

Educational pursuits for girls are also more closely linked to class or caste

status: poorer, working-class families often cannot justify sending a daughter to school

when the assistance she provides in the household or the income she contributes is so

important. For middle or upper caste families, on the other hand, the decision to

educate a daughter often reflects a desire to improve the pooi of potential marriage

partners, since those with formal schooling have an increased chance of being matched

with a young man of a "better" background (Jeffery and Jeffery 1994: 152; Blumberg

1980: 75). There are perceived economic benefits to education for Indian daughters as

well: "Educated women are economically more valuable: they cost less in marriage

arrangement(s), can manage household finances, tutor their children (saving tuition

fees) and be potential earners," (Jeffery 1994: 128). Employment potential is

 35

increasingly seen as an advantage for middle class families (Blumberg 1980: 75),

although the types ofjobs women may find are still limited by responsibilities to

family and social customs which dictate "proper" work for women. In addition, a

woman's earning power may not be enough to justify her absence from the household,

and in fact, may be viewed as a detriment to her role in the family:

Formal education and a job with regular income do not necessarily

enhance a woman's status in the family. In fact, she may have to be
doubly subservient in order to prove that working outside the house
and bringing in an independent income have not corrupted her or
caused her to deviate from the 'womanly' path (Kishwar 1984: 29).

The economic value of an education then, is affected tremendously by societal

determinants as well as practical factors for women of all castes and economic sectors.

The potential for employment or social benefits may be seen by families as an

advantage for arranging a marriage, but traditional expectations are still pivotal in the

perception of women's education.

2.3.3 Urban Marriage and Dowry Dilemmas

Hindu marriages are still largely arranged according to traditional rules of

endogamy, or marriage within one's social group. The family and community

alliances which characterize village marriages, however, are less pronounced in urban

areas, and patriarchal practices such as virilocality are infrequent, as young couples

prefer to establish their own residence upon wedding. The loss of village-level and

extended family involvement in the pursuit of marital alliances has resulted in a

relaxation of standards for marital practices, and divorce is now more frequent in
 36

urban communities than in rural village life (Mandelbaum 1970: 223; 227). The social

stigma of divorce has, however, remained. The traditional practice of providing a

dowry has served to further complicate marriages and separations, and it's importance

throughout a marriage is often manifested in inter-family disputes. Without the

involvement of village councils or family elders, some women have found marriage

practices to be difficult, if not impossible to manage.

The dialog of the recent Indian women's movement reflects a continued desire

to challenge patriarchal ideologies and the structures that limit or endanger women,

such as marital demands. The tradition of dowry is still practiced throughout most of

India today, with increasing public attention to its negative consequences. Terms for

marriage, especially among urban middle and upper class families, can include large

demands of the bride's family for household goods, elaborate wedding festivities and

even sums of money to be given to the family of the groom. Some dowry items are

given to the bride and are thought to represent a woman's security (Caplan 1985: 47),

and usually include jewelry or household items that will remain her property. Recent

trends indicate that the amount ofj eweiry given to a bride is usually determined more

by the groom's family than by the bride's (Caplan 1985: 47). Cash goods (money

andlor luxury items such as furniture, appliances or even automobiles) are demanded

by the parents of a highly educated or well-employed groom. "Parents buy their way

into a family of suitable status, as determined by her husband's occupation and income

level," (Caplan 1985: 48).

The practice of dowry has been appropriated by members of society at all

levels, even spreading to lower caste families who may adopt the practice as a symbol
 37

of higher status (a form of "Sanskritization"), reflecting a desire to take on the customs

of higher castes (Blumberg 1980: 79; Van Willigen 1991: 259). While many families

lament the necessity these financial obligations and the practical constraints that such

economic liabilities pose, the practice is becoming increasingly widespread, especially

among urbanizing communities (Caplan 1985: 48). The parents of the urban bride may

feel that they must agree to large payments in order to get their daughter "well-settled"

in a comfortable home, and hence the necessity of providing for a daughter's marriage

often justifies the taking of dowry in a son's (Caplan 1985: 47; personal contact, 1996

New Delhi).

Numerous feminist organizations have drawn attention to the effects of such a

devaluation of women in marriage, evidenced in cases of dowry related "domestic

disputes" and violent episodes resulting from arguments between families over dowry.

The demands for valuable items by a groom's family can cause household strife for

years, as dowry provisions are not only meted out during weddings, but often continue

throughout the marriage. Daughters are caught in this financial tug-of-war, argue

women's advocates, and the consequences can be dire:

Kanchan Mala Hardy, 19, was burnt to death in the bathroom of CA

1/34 Tagore Garden, New Delhi. She died, apparently, because her
parents, who had given her clothes, jewelry and household articles
worth Rs 20,000 as dowry, could not afford to give a refrigerator, a
TV set and Rs 10,000 more (Kishwar 1984; 228).

Such an emphasis on this economically troublesome exchange has led women's rights

organizations throughout India to fight against dowry, as it is seen as one of the

primary causes for women's subordination and victimization. The government of

 38

India added section 304(B) (IPC) "dowry deaths" to the Criminal Procedure Code in

1984 (Flavia 1991: 9), acknowledging the increasing incidence of dowry related

deaths and making dowry violence punishable. The practice of dowry (and reports of

related violence) did not stop with the act, however.

Organizations that campaign against dowry have sought to frame it as a

problem that needs to be addressed at the local level as well as through the legal

system. Feminist publications began editorializing the problems of dowry exchange in

the 1970's, with criticisms of the media and society which perpetuate the process:

'Woman burnt to death. A case of suicide has been registered.

The police are inquiring into the matter.' For years, such three
line news items have appeared almost every day in newspapers
and gone unnoticed. It is only lately that dowry deaths are being
given detailed coverage. It is not by accident that fuller reporting
of such cases has coincided with a spurt of protest
demonstrations (Kishwar 1984: 246).

Women's advocates demanded that action be taken on behalf of the countless women

who fell victim to dowry and domestic violence each year, and their efforts spurred

reactions by government and NGO groups which focused energies on reducing the

incidence of such events.

Non-economic factors also affect the process of arranging a marriage, and may

come into play in dowry negotiations; a woman's education, physical attributes, age,

income, occupation, family background, place of residence and personality are all

features that may be worthy of consideration in an arranged marriage (see Appendix

A). With a noticeable flaw or an undesirable attribute, a woman may prove to be a

more costly match, and unmarried women may commit suicide to relieve families of
 39

the burden of providing a dowry (van Willigen 1991: 369). Self-arranged marriages

(sometimes called "love marriages") are gaining societal acceptance, but family

representatives still carry out negotiations for the exchange of dowry, and the

marriages themselves are not considered as stable. Without the emotional, financial,

and other help, the marriage may flounder (Caplan 1985: 42).

Families considering the eventual marriage of their children must plan ahead

for the expense of the dowry that they must provide for each daughter, as well as the

expense of an education or skills which may make a girl an eligible match. The rapid

rate of inflation has caused economic hardships on many parents, when calculations

made in her childhood do not prove to be sufficient for her marriage (Caplan 1985:

48). Anti-dowry activists have drawn attention to the preference for male children

which they link to the economic pressures created by dowry, and which has indirectly

led to a devaluation of girls and women. For many families concerned with planning

the costs of their children's marriages, modern technology like sonogram and

ultrasound equipment has proven effective in lessening the economic risks of

pregnancy, and it has contributed to an increase in the practice of female-selective

abortion, a consequence of which is a disparity in male and female birth ratios.

"Women are becoming a party to the destruction of their own species as they are

unable to break out of the vicious cycle of undervaluation by others and by

themselves," reported a voluntary women's group, Tinnari (Verma 1997: 2).

A daughter's marriage takes a long time to prepare, and due to changing

expectations, dowry payments may be demanded of a bride's family for years after her

marriage (Caplan 1985: 48). Agreements and transactions made in the early stages of
 40

a marriage may be disputed in later years, as the groom's family makes extra

demands, or as the bride's is unable to fulfill commitments. Dowry payments can be

so continuously burdensome that additional daughters are financially condemning, and

families feel that they can not take the chance of having a daughter because of the

economic liability (Khanna: in press).

The institution of dowry differs among cultural groups and regions, but its

roots in religious practice (van Willigen 1991: 255) have firmly instilled the concept

of women's dependence and servility into cultural value systems throughout India.

Reformers who have initiated campaigns against the practice have succeeded in

enacting legislation prohibiting dowry, and the government has established special

Crime Units at local police stations in New Delhi where inspectors serve as

intermediaries in disputes which may erupt in violence. The reality of social practice,

however, has shown that little change has resulted since the law banning dowry was

enacted in 1962 (Van Willigen 1991: 257), and suspicious reports of women's "deaths

by burning" continue to appear regularly in Indian newspapers. Thus the

consequences of dowry expectations have had the most dire effect on brides

themselves, and such reports have received the attention of anti-dowry violence

protesters as well as feminist activists.

2.3.4 Domestic Violence and Support for Women

Growing attentiveness to domestic violence has resulted in governmental

programs and independent organizations that provide assistance to women and

children who flee dangerous homes. Victimization varies from physical abuse to
 41

emotional mistreatment or threats by various family members (See Appendix B).

Manushi magazine reported on the conditions at a Women's Centre in Bombay, and

the range of harassment cases that were evidenced there:

The majority (74 out of 102) were married women who were being
abused by either their husbands andlor in-laws. The most frequent
abuse was beatings, which were at times brutal. Other 'creative'
ways that husbands and in-laws victimized wives included trying
to incarcerate a normal wife in an asylum for the insane,
threatening to kill the wife if she did not conveniently vanish from
her husband's life, restricting her mobility to the extent of
assaulting her if she looked out the window, bigamy and
extramarital affairs, non-support, starving the wife, throwing the
wife out of the marital home while refusing to part with her
jewelry and other belongings, demanding that the wife hand over
total earnings, and demanding that the wife stop working (Manushi
magazine 1991: 19).

Practical problems such as where to live and how to earn a living raise dilemmas for

women, as social and economic pressures create immense difficulties. Those who do

not return to live with their natal family still rarely live on their own. Leslie Calman

notes that "nearly all women, even unmarried urban professionals, live in a family

setting," (1992: 138). For the fugitive woman, hostels run by social service agencies

or the government are often the only option.

Legally, a woman does not have a claim to her marital home in the event of a

divorce, even if she helped finance it (Calman 1992: 138), nor do inheritance practices

provide for women. Small "maintenance" payments may be provided for her upon

divorce, but prior to divorcing many women have few economic supports. Battered

women's shelters are few, and many do not admit women if they have their children
 42

with them; in 1985, the government opened Delhi's only shelter for women with

children (Calman 1995: 138).

Women who may wish to leave non-violent homes have still fewer options,

and so must rely on relatives or other personal resources for support. The lack of

infrastructure for such support networks is attributed, at least partially to the

fundamental conservatism of the state in relation to rape and domestic violence; new

laws are merely slight improvements over the old (Calman 1992: 140). On a small

scale, autonomous women's organizations try to provide both courage and resources

for victims of abuse, and many offer individual counseling and provide limited

material resources (personal contact, New Delhi 1996). These centers and the

organizations that support them were products of women's reform movements, and

continue to lobby for state programs and legislation that supports victims. Feminist

activists continue to agitate for legislative change and public awareness of such

problems, but the process is proving to be a laborious effort.

2.3.5 Legislation ai:d Societal Awareness of Women 's Issues

Grass roots organizations have long recognized the need for public awareness

and support for women's issues, and in urban areas in particular, women's groups still

strive to advance community-wide awareness of crimes against women. The societal

debate about the definition of rape or similar acts of violence has a long history of

ambiguity, and complaints of harassment against women have commonly been labeled

"Eve-teasing" and are rarely punished (personal contact, New Delhi 1996). Women

who have attempted to report cases of harassment or abuse to the police have often
 43

found little support or follow-up, and eventually find the system too difficult to use,

returning in frustration to the abusive household. Reported cases of violence or deaths

perpetrated by in-laws and husbands, many of which might have been prevented by

preliminary police intervention, led anti-violence protesters to insist upon special

attention to women's issues by local police. "Crime Cells" (originally called "Dowry

Cells" because they dealt primarily with disputes over dowry) were located at police

stations in New Delhi and were staffed with female inspectors and police officers

trained to deal specifically with "women's problems." The effectiveness of such

centers is questioned by some women's rights advocates and social reformists, who

advocate for stricter laws and continued campaigns for social reform.

Women's advocacy groups lobbied in the 1980's for further governmental

attention to crimes against women and drew public awareness to the "trivialization"

and carelessness of the police when hearing women's complaints of violence (Kishwar

1984: 214). Family Courts, originally called "Women's Courts," were established in

1984 by the "Family Courts Act" with the intended purpose of "restoring family

unity" (Menon 1989: 155). The courts provide counseling and individualized

treatment for Indian families, and in particular for women. They were instituted with

the understanding that:

Women and children are the victims in most cases of family

litigation and they are the people who need most protection of the
law. As such the approaches and procedures of the family court
ought to be considerate to the problems of women and children and
appropriate supportive services for such treatment must be
available (Menon 1989: 155).
 44

Staffed almost entirely with female legal personnel, the special courts attempt to

expedite an otherwise long and arduous process which is not amenable to a family's

best interests. Additionally, one suggested function of the courts was to make the

process of pursuing legal action less threatening for women, who might otherwise

avoid the process of litigation altogether (National Public Radio, 1995), and whose

needs might be neglected altogether in a normal court of law. The special courts carry

out the same laws as ordinary courts, but may retain additional services such as

medical and psychological expertise (Menon 1989: 158-159) which may assist in

settling a case. The counselors, advocates, judges and professional personnel of the

Family Courts purportedly proceed with the family advocacy agenda necessary to

support individual complaintants; they do not, however attempt to address the larger

social inequalities which create the need for such specialized courts in the first place.

Women's advocates are critical of the courts and the way that they function.

The difficulty and expense in navigating the system, the "family" agenda which does

not support women's individual rights and freedoms, and the "haphazard" institution

of the courts which do little to support women's self-esteem are all complaints that

women's editorials in the feminist journal Manushi outlined in a series of articles

critiquing the court system (Flavia 1991: 9-16). Flavia goes on to suggest that "Under

the present Act, the court officials, both judges and marriage counselors, are

committed to preserving the family and not necessarily to the interests of the woman.

Such reconciliation efforts often jeopardize the woman's interest and may even prove

fatal to her" (1991: 12-13). The initial purpose of the courts has been compromised,
 45

they argue, by bureaucratic mediocrity and an apathy to women's suffering (see

Appendix C).
 46

3. Theory

In order to understand the components of Indian culture that perpetuate gender

roles and women's subordination, I will examine the framework of two theories that

explain the existing social order, and outline their implications. Economic theories of

gender seek to explain the system of stratification in India that leads to the devaluation

of women, and the root causes of oppression. Social movements theories offer

interpretations of social reform by examining the individual contributions of

organizations to larger movement agendas.

3.1 Economic Theories of Stratification

Theories of development and gender within anthropology have sought to

explain the ways in which industrialization and "modernization" have complicated

economic and social organization, leading to social and gender stratification in

developing societies. Laurel Bossen suggests that as societies increase in complexity,

more elaborate socio-political systems emerge and social strata become necessarily

segregated (1989: 3 18-350). Theories which implicate increased food production and

it's accompanying sedentism with a specialization of labor, for example, are used in

anthropology to explain the predominance of stringent social hierarchies in complex

societies (Kottak 1999: 136), such as in the labor specialization represented by India's

hierarchical caste system. The development of classes or strata has historically been

attributed to the mechanization of labor and technological change which accompanies

 47

industrial capitalism (Plattner 1989 : 380). In developing countries, stratification may

also be derived from existing patterns of social organization.

Socioeconomic theorists presume that an increase in levels of technological

development leads to economic opportunities and increased political power for the

growing middle classes (Lenski 1966; Giddens 1973). Rae Lesser Blumberg

associates economic autonomy with greater self-esteem for women and a stronger

voice in household decision-making (1989: 3). Many gender theorists argue, however,

that an increase in technology and stratification is exclusionary, further exacerbating

inequalities among social groups and is particularly detrimental to women, since the

significance of their labor is measured in terms of market values (Desai 1986: 289).

The high degree of gender stratification in patriarchal countries like India is in part

ascribed to the devaluation of women's work under capitalism and the subsequent

restriction of women's labor to unremunerated domestic tasks or informal sector

employment (Blumberg 1995: 4).

Laurel Bossen utilizes these economic theories to assign causality to the

increase in the practice of dowry in India: "the direction of payment is at least partly a

cultural reflection of economic contributions by sex: where women do farmwork,

bride wealth is paid [to the bride's family}; where men are farmers (and especially if

they own land), they may be able to demand a wife who brings dowry,"(1989: 345).

This emphasis on the economic contributions of women to the family is used as an

explanation for the implementation of practices that limit women's authority.

The effects of industry demands on social organization have also had

implications for women's social obligations and roles. Stuart Plattner describes the
 48

process by which capitalism supports the preponderance of smaller family units and an

increase in the economic independence of the nuclear family: "Parents and children

lived separately from relatives who could help out with economic needs, which made

workers dependent upon the wage relation and forced labor to flow wherever industry

demanded it,"(1989: 380). Increased tecimology and development thus causes a shift

in level of family organization, and for women, this can adversely affect economic

opportunities, as child care and household obligations interfere with access to

employment.

In her 1970 study of economic development and gender, Esther Boserup

determined that the integration of technology, increases in population and agricultural

changes were more likely to marginalize women, and that their workloads would

continue to rise as the degree of autonomy that women enjoyed in these societies

decreased (Boserup 1970). Opportunities for women in the "developed modern

world" argued Irene Tinker (1976: 33), are restricted, even as familial obligations

become more burdensome. Barbara Miller (1981) further elaborated on this idea, in

that women's access to social support in various forms is related to their productivity

and that patterns of excluding women from economic production roles varies by caste,

with fewer restrictions on lower caste women and greater high caste restrictions on

women's employment. The acceptance of social practices which limit women's

activity, such as purdah or employment strictures within the family isolates women

and precludes the formation of "cohesive groups" with other women (Kessler 1976:

45). Mobility, however, is essential to the development of social movements, as "A

group has a better ability to define, publicize and negotiate its worth than a solitary
 49

individual," (Bossen 1989: 330). Middle and upper caste women thus are more limited

by social conditions in their capacity to effect social change and gain economic

independence.

3.2 Social Movement Theories

Societal attentiveness to gender issues has led to pressure for governmental

policies that support women, and social movement theorists have sought to interpret

the relationship between the state and family in the democratic, free-market nations

(Mitsch-Bush 1992: Calman 1992). The success of a social movement, for example,

is defined largely by gains in policy reforms such as legislative changes or by the

establishment of regulatory agencies instituted to affect social practices (Jahan 1995:

103). Women's movements in particular have concentrated their efforts on issues of

public policy in social reform, and in the case of women's rights, governmental

redress has been targeted as an important step to attaining social awareness.

Frequently, movements aimed at social reforms and changes in state policies

have not been proven to affect conditions of everyday life for marginalized people,

however, nor do legislative changes necessarily lead to substantial improvements in

social institutions (Mitsch-Bush 1992: 589). In her analysis of policy reform aimed at

domestic violence against women, Diane Mitsch-Bush assesses the factors that she

considers instrumental to any assessment of real social change:

If we define women's movement success as having access

to institutionalized political decision-making channels or as
getting policy reform legislated, we ignore the ways that
liberal democratic states themselves are structured by
 50

gender inequality. Simply getting legislation passed or new

agencies established may strengthen the capacity of the
state to incorporate women's movement demands without
addressing the foundations of such demands
(Mitsch-Bush 1992: 590).

Social movements, in fact, are often viewed as a reaction to the failure of government

programs to address human rights issues or socioeconomic crises. Evidence of

corruption among governmental officials in India and the increasing lack of

confidence in state institutions led women to mobilize movements aimed at

environmental, political and social reforms (Calman 1992: 3). Such a diversity of

objectives is not necessarily detrimental to movement effectiveness. The

decentralized structure of the Women's Movement in India, Calman argues, has

resulted in the capacity to engage simultaneously with many levels of government and

society, and may be essential for building rights, economic and political power, and

status (1992: 4).

The disparity between the implementation of state policy reform and

ideological change in a society is especially troublesome for women's movements

aimed at securing women's rights and ending domestic violence. The assumption that

the family constitutes a domain separate from polity and economy makes the issue of

gendered social reform a complicated task for social activists (Mitsch-Bush 1992:

588). Legislative changes and policy implementation are celebrated by activists as

successful steps toward improving women's agendas. With an inevitable loss of

momentum that follows successful reform efforts, state policies that cater to

movement ideologies will likely do little to affect long term social change. Movement
 51

proponents in fact often question the very notion that state structures themselves can

affect real change.

Leslie Calman situates the rewards and strategies of successful social

movements in the ability to change public perceptions of society and government, as

well as in the individual rewards of community, personal autonomy, access to decision

making and self esteem (1992: 9). A recognition that state policies alone cannot

facilitate empowerment is an essential component of the women's movement in India.

She suggests that:

their concern is as much to recapture from the state a space within

civil society in which there can be meaningful participation and
thus personal and community empowerment. This requires
resisting the expanded capacity of the industrialized state to
control social and cultural life, and regaining from the state the
means of production of symbolic goods... of information and
images, of culture itself (Calman 1992: 9).

Calman notes that the state is but one of several institutions, including religion and the

family, that should be seen by movement participants as factors which may constrict

or facilitate women's ability to make important decisions about their lives. All are

important considerations in the process of affecting social practices and cultural

change.

In order to understand the mechanisms through which movements achieve

change, it is essential to consider the intersection of social and state influences, as well

as movement ideology. In order to transform social consciousness, the women's

movement in India must "name and analyze the problem of women's inferior status

and power, and point the way toward their transformation," (Calman 1992: 10).
 52

Additionally, small groups with specific purposes draw a great deal of attention to

various causes, and fundamental changes often begin at the grass roots level. In order

to gain empowerment, movements and organizations necessarily have to become

involved in political action and social unrest. These are important parts of the process

of affecting social change, and enable women to become empowered personally,

familially and socially.

 53

4. Research Methodology

4.1 Research Questions:

In preparing for my visit, I established a list of resources and planned to conduct

interviews with users and administrators associated with the women's courts. My plan

was to use the following questions as a guideline for my study/project:

. How does the legal system work for women?

Who is using the women's courts?

How effective is the system in meeting the needs of women?

What types of cases do the women's courts hear?

. What other methods do women use to find solutions to or discuss their

problems?

I conducted a preliminary literature search for information on women's legal aid

organizations in New Delhi, arranged to meet and talk with women from an Indian

women's journal, contacted women's legal aid organizations and lawyers, and looked

for published accounts of the workings of the courts.

4.2 Setting & Informants:

In August and September of 1996, I spent four weeks conducting fieldwork in

urban New Delhi, during which time I stayed at the home of a 39 year old Hindu

woman and her two teenage children, a daughter age 12 and a son 17. The Sinha

family was in a difficult economic situation, in that the husband and father had left the
 54

family, and the remaining three family members had spent the nine year interim

adapting to his absence.

The Sinha family resided in the neighborhood of Dr. Khanna's family, and as

such, I was privy to information about their living arrangements, and was able to

establish a rapport with them within a brief period of time. Dr. Khanna arranged my

stay with the family, and I was considered a "paying guest"- an economic benefit for

the Sinhas and a comfortable setting in which I could conduct my research. This living

arrangement provided me opportunities to partake in "purposive conversations"

(Fitchen 1990: 19), acting as participant/observant in the daily activities of an urban,

middle class Indian family. During my stay I was involved in daily household

activities and was able to develop a relationship of mutual trust with my host family as

well as with some of their neighbors, relatives and friends. I visited the Hindu temple

for prayer with Anita and her children, went to market, visited relatives and ate regular

meals with members of the local community, and I was encouraged by my informants

to ask questions (and answer a few as well), as they repeatedly expressed interest in

my research.

As both guest and family friend, I was in contact with the Sinhas' friends,

relatives and neighbors with whom I was able to maintain casual and semi-structured

conversations. Nearly all of my informants were of a middle class background, though

it was not possible in all cases to ascertain the caste, as many people were reluctant to

label themselves and others in this maimer. I have used fictitious place names when

necessary in order to protect the confidential nature of the interviews, and for the

privacy of my informants, I have also changed the names of people represented here.
 55

In addition to the open-ended interviews with the aforementioned community

members, I conducted semi-structured and formal interviews with three people from

two agencies in New Delhi that provide assistance to women in need. My plan had

been, from the outset, to focus on those governmental agencies which address the legal

needs of families, and those of women in particular. Once there, however, I quickly

decided that my time would be better served discussing these issues with those women

most directly entrenched in the frustrations and ambiguity surrounding the struggle for

autonomy.

4.3 The Iterative Process:

Using the iterative process of conducting anthropological research (Bebee 1995), I

restructured my focus and the questions I asked of my informants based upon the

information I found to be most interesting and useful while I was there. In discussing

issues of autonomy, social obligation, and survival strategies with Indian women

themselves, I found that my research questions began to center less on formal channels

of resistance and change, and more on strategies of adaptation. For this reason, I

chose to focus my attention on discussions with women whose circumstances did not

clearly fit within existing social structures and whose needs were not served through

governmental or legal channels. As a result, I came away with information from the

following organizations and individuals:

. I conducted two semi-formal interviews with three women from a

grassroots organization that acts as a liaison between women and the legal

system (Shakti Shalini);

 56

. I conducted semi-structured interviews with seven female and two male

New Delhi police officers at two different "Women's Crime Cells," and at

the regional police headquarters in a suburb of New Delhi.

I completed detailed, semi-structured ethnographic interviews with a total

of 12 men and women, ranging from 12 to 50 years of age, in the

community where the Sinha family lived and in the north hdian village

where Mrs. Sinha is from.

4.4 Questions I asked:

4.4.1 OfResidents:

What do you think of the practice of dowry?

Have you heard of dowry problems?

Why do you think dowry problems occur?

How do you think "women's" issues (i.e.: dowry) should be dealt with?

Do you think the government is doing anything to help women in

dealing with dowry problems? Should it?

How will you plan your children's weddings? (Will you ask for/accept

dowry?)

What would you do if your child came to you and told you they had

fallen in love and wanted to get married to a person of their own

choosing?

Do you think education is important for daughters?

 57

4.4.2 Of Women at Shakti Shalini:

What kinds of cases are referred to your organization?

What are the procedures you advise women on in the case of divorce?

Where do you begin when someone comes to Shakti Shalini with a

harassment complaint?

What is Shakti Shalini's role once a client has been introduced to a

lawyer or counselor?

What kinds of assistance does Shakti Shalini offer for emotional

support? Living support?

What kind of assistance does Shakti Shalini offer men? What types of

family matters might the organization prefer not to handle?

How do you think conditions for women in India can be improved?

Do the women who come to Shakti Shalini primarily live in urban

areas?

Do the Women's Courts serve the needs of men and women or are they

primarily for women? How do you think that affects the outcome of a

case?

4.4.3 Of Crime Cell Personnel:

What are the procedures for a woman filing a complaint?

What kinds of cases do you most often see (here)?

How long has the Women's Cell been operating?

 58

Is there any special training that officers receive?

What do you consider the principle problem for women who seek

assistance?

How has your job changed in the last 5 years?

How do you address violence cases?

4.5 Problems I encountered:

Due to the distance I had to travel to reach the city from the suburb where I

stayed (50 minutes to two hours, depending on mode of transport), and the difficulties

I encountered in locating addresses for agencies, I was not able to contact the number

of organizations that I had originally planned for my visit. Often simply locating an

agency or a person with whom I might address queries required repeated attempts by

telephone and at last resort an attempt to locate an address. There were several

agencies for whom I had an address and a telephone, but where neither was accurate,

and for whom I was not able to procure forwarding information. Additionally,

problems with telephone communication including poor audibility, lack of

accessibility and a propensity of mis-published or changed telephone numbers

required more of my time than I had planned. Daily power failures, sometimes for

several hours, (and in one instance for several days) made the sweltering summer

temperatures themselves an obstacle to long outings.

I found that my conversations with people at agencies or in formal settings

were often more fruitful if I was casually engaged in discussion and let the informant

guide the process. Often my informant willingly allowed me to observe the details of
 59

their daily jobs or activities, or ask casually inquisitive questions. I would take notes

as we talked, and this was normally acceptable. At several locations, however, I found

that as soon as I tried to ask more formal structured questions, I was informed that I

was not allowed a "formal interview"- and several times explicitly: "You will not

mention any names." As promised I have changed the names of all of the discussants

I interviewed.

A factor which impacted my productivity but for which I found no practical

solution was the social perspective I encountered on time. Throughout my visit (and I

had mistakenly believed I had prepared for this before I arrived) I retained a moderate

level of frustration with the ease others seemed to feel, (but in which I felt lacking) in

waiting. As a first-time visitor to India, I was not always clear about phrases such as

"just now," which seemed to average between ten minutes and an hour, and after

politely inquiring several times and with several people, I was often left with

conflicting opinions of the same set of information. This standard applied to situations

as diverse as waiting for the bus to meeting with an interviewee, and I did not develop

a sense of consistency or the ability to predict these sorts of hurdles before I left the

country. If I had the economic means to stay on for several more weeks or months, I

might have become more efficient in my research tactics.

A final note on my research strategies: I am not a speaker of Hindi, and

required the assistance of (and am grateful to) Dr. Sunil Khanna for translation and

mediation in the visits to the offices of Shakti Shalini. Therefore the information

resulting from the interviews there is a product of both Dr. Khanna's and my notes,

observations and recollections.

 60

5. Data

5.1 Women's Crime Cells in New Delhi:

In order to attempt to understand the relevance of the legal system in urban

North India to women, I visited three "Women's Crime Cells" in urban and suburban

neighborhood police stations in New Delhi during a three week period in 1996. By

meeting with police inspectors and discussing the services being utilized by women, I

hoped to gain some insight into the utility of such services for women who were faced

with difficult or threatening marital circumstances. The Crime Cells were advertised

on television, and so I thought it was likely that there were women who knew about

the system, but who would not be likely to use it.

5.1.1 Community Support for Women:

Preliminary discussions with middle class community members, in particular

my host family as well as neighbors and one relative who was visiting, elicited

positive responses to queries about the necessity of the Crime Cells, but people were

often skeptical about the police themselves:

The government must do something about these cases- we hear

about them in the newspapers and on the T.V. The police- they
don't do anything about it when someone complains, but this dowry
system makes problems for so many people. It is illegal, you know
(to accept or demand dowry)
Raj, male (age 17)
 61

The role of police in the community was perceived as important, and yet there was a

general distrust of police officers or inspectors themselves, as reports of corruption

and abuses of power were widely circulated.

Many individuals were sympathetic to the needs of women who may have

complaints of "dowry abuse" or spousal abuse, but felt that few would seek out such

services:

Oh, yes. It's very bad. Women are treated very badly here. They
can go to the police station, but then their husbands will be even
angrier with them. The Crime Cells are there to help those women,
but I don't know how many of them will go
- Kalpana, unmarried female (age 24)

While there was an awareness among the people in the middle class suburbs of New

Delhi of cases of abuse or dowry threats, because of the stigma involved and potential

consequences to the family, many people felt that the services would not be utilized by

those women who most needed it.

5.1.2 Visits to Police Station "Women 's Crime Cells"

In several visits to different "Women's Crime Cells" in New Delhi police stations, I

asked questions of personnel in order to ascertain their perceptions about the purpose

of their duties consulting with women. It was my understanding, based upon

conversations with police personnel at the first two stations I visited, as well as on

discussions with residents of New Delhi, that the Crime Cells provided a service to

local families by intervening in marital disputes and family conflicts. This was

especially relevant in light of recent media (and grassroots organization) attention to

 62

cases of physical abuse and violence which had not been adequately investigated by

the police, or which had never made it to the point of a formal complaint.

5.1.3 Meeting with Female Inspectors

At the primary police station that saw the majority of the complaints in the

area, I interviewed several female Inspectors and one male Commissioner, both

individually and in small groups. I asked about their experiences dealing with

women's complaints and family disputes, and tried to ascertain their perceptions of

their own roles within the community, and their methods of addressing domestic

problems that are not normally discussed among neighbors, friends or family. I was

also interested in the types of cases that were most frequently brought to the police

stations, as well as the expectations of the complaintants.

I was offered lunch, and was thus able to spend time informally chatting with

and observing four female inspectors, all of whom appeared to be between 40 and 50

years old. Several of the women with whom I spoke referred to themselves as

"counselors" whose duties were to "counsel couples to reconcile." Inspector! officers,

they told me, were trained as police officers, with weapons training, and additionally

with instruction in psychological counseling, and in counseling women to "become

independent" (financially). The women seemed to enjoy the level of responsibility

involved in their jobs, and they confidently assured me that their year of training at the

Delhi School of Social Work had been good preparation for this work: "We deal with

all kinds of cases."

 63

When I asked about the types of cases they see, and the reasons a woman

might come to the station, three of the women told me that they see women for a

variety of reasons. There are those who complain of matrimonial abuse or

extramarital relations, and also there were cases of dowry disputes, sometimes

involving accusations of physical abuse. The majority of the time, they emphasized,

they settled "family quarrels," and the officer may or may not file a crime report.

The duties the women performed at the Police Station ranged from typing or

notetaking to counseling individuals who came in with complaints. Part of the job,

one woman told me, was to help people to "save their marriages":

Sometimes a woman will come alone, and sometimes with her mother,
or another family member. We listen to their complaints, and then call
her husband to come and discuss this with her. Sometimes we call in
other family members to be interviewed.
Uma (police inspector)

The inspectors told me that they worked to help with "reconciliation and restoration."

Asked how they approach this task, an inspector said: "The woman will come, and at

her request, we will call the husband. Our first effort is to work toward a compromise.

In the case of a divorce, it goes to the Judiciary Court, not to the police station."

When I asked about whether they saw cases of dowry related deaths, one of the

woman told me: "Oh yes, all the time!" Demanding dowry is a crime, they told me,

and most cases are "recommended out" if the man or his family demands dowry. "He

can be arrested," they told me, though I was not told how often this occurs. Asked

how they deal with cases where a death is suspected to be related to a dowry dispute,
 64

she quickly responded that: "Well, it's really not our jurisdiction," and she referred me

to the Chief Commissioner.

5.1.4 Meeting with the Police Commissioner

I met with a Commissioner, P.K.- a man in his early to mid 50's in a disheveled and

dimly lit office which bustled with people who arrived and left while he made

telephone calls. Between visitors and phone conversations he discussed with me the

more extreme cases they saw at the Crime Cell:

In burning cases, the victim is rushed to the hospital, and the local
police visit the hospital and record the woman's statement. They
would then initiate the prosecution. We see cases of murder,
dowry, rape, burning... all include a medical examination at a
government hospital. Each district has a department to deal with
the medical legal cases.

The Commissioner differentiated between matrimonial disputes, however, and

cases of domestic violence. The Social Platform of Police, P.K. told me, looked after

"matrimonial disputes." If there was no "settlement" (solution), the couple was

counseled, in order to "reunite the family if possible." They then try and restore

household or personal items belonging to both the man and the woman (often items

given as part of a dowry, and returned to the woman), and if this is not possible, then

they are referred to their local police department for registration of the case. Asked if

these disputes ever involved accusations of abuse, he responded that "In cases of

violence, we will make an investigation."

Mr. P.K discussed the special circumstances of some of the women who come

to the Crime Cells: "Probably ninety percent of the women who come here are
 65

domestic housewives, and they are more interested in reuniting the family. We don't

see many cases of women who are seeking divorce." When I inquired about the

nature of the complaints of the women who appear at the station, the Commissioner

told me that there was a range of circumstances for which women come seeking

intervention. He pointed out, however, that they did not see too many cases of

violence because "those women are too afraid to leave the home, or involve the police.

Most of those cases are never heard." The main purposes of the Crime Cells, he

offered, were for "negotiations" or "removing problems" for women.

Thirty of the inspectors at this the largest of the Crime Cells were women, Mr.

P.K. told me. "There are also counselors at the Ministry of Social Welfare who refer

people who are scared of the police, or people who need more counseling." He

emphasized the counseling role that the inspectors played at the station. Mostly they

were involved with "family misunderstandings," he informed me, where there was

"interference by the in-laws" (dowry demands). "Most cases involve a woman who

wants police intervention for reconciliation."

5.2 Shakti Shalini

At the offices of a NGO/grassroots organization for women in urban New

Delhi, I discussed with its founders the issues, problems and solutions presented by

marriage laws and traditional patriarchal practices such as dowry exchange. The non-

profit, women-run organization called "Shakti Shalini" (woman power) had been

established when the mothers of two young women who had died of "dowry abuse"

found little police follow-up support in the cases of their daughters' deaths. They
 66

encountered a dearth of resources to help with domestic violence and dowry abuse

problems, and so they formed the organization to help other families avoid such tragic

circumstances. "Krishna" told us that it was the only one of its kind in New Delhi,

and that they provide advice, legal aid and sometimes shelter for women who are

abandoned by their husbands or who leave a marriage due to abuse.

5.2.1 Assistance for Women

Shakti Shalini does not advertise, nor do they ask for payment for their

services. The people who work with and for them may be paid through donation

funds if necessary, and all of their consultants, lawyers and aids are employed

elsewhere and contribute their time and efforts to the NGO at little or no cost. The

women and families that the organization assists reside largely in the economically

deprived "slums" of urban New Delhi. Shakti Shalini provides help with legal matters

handled through the courts, and acts as a liaison between women and the police,

lawyers, judges and charitable organizations- all free of charge. "The legal system

isn't weak," Krishna told us, "it's the enactment of the law that's the problem." They

work to help women navigate the bureaucracy of the legal system which functions to

serve a population of more than ten million people. "No one should have to go

through these problems alone," Krishna told me. "We know it's difficult to live in a

household where you are not respected. Every woman wants to have the respect of

her family."

Since its inception, the organization has assisted women with divorce,

especially in cases of abandonment or domestic abuse. They work to help a woman

 67

become self-sustaining by providing for immediate needs such as shelter and clothing,

and in helping women develop self-confidence by assisting with education,

counseling, emotional support, child care, as well as employment networking. They

try to work with the New Delhi Police Department and the Women's Crime Cells to

"alleviate the fear, anxiety and exploitation by the police and lawyers" so that the

process of utilizing the "system" is easier for women. "The thinking of the officials is

very police-oriented. Cases brought to the Crime Cells are often heard without

lawyers, and the magistrates may hand down swift and quick judgments, but it's a

bureaucratic nightmare."

The organizers of Shakti Shalini perceived a need for intervention on behalf of

women who may find the bureaucracy daunting. "We deal with the Dowry (Crime)

Cells daily. The idea for that [the Crime Cells] is a good one, but the thinking behind

it is faulty. They are not very useful or productive for most women," Krishna told us.

She described the inadequacies of the "system" and the difficulties women who wish

to lodge a complaint are faced with: "We aren't open Saturday, Sunday or holidays, so

from us, immediate help is not always available. Sometimes the police will tell [a

woman], 'Go to the Dowry Cell,' even though it isn't open. If she waits until Monday

to go, the bruises may be gone, and she has no case."

Because women face many problems such as abandonment, abuse or rape,

Shakti Shalini aids women with a variety of issues in addition to dowry. The Crime

Cells and the NGO also assist women and families in cases of property rights,

domestic abuse, or even murder (or threats thereof). The special "Family Courts"

were established to address specific problems for women such as dowry or domestic
 68

violence. These issues were simply catalysts for social awareness and spurred

demands for action by a range of women's organizations.

5.2.2 Family Advocacy

Originally Shakti Shalini had focused on aiding women in threatening

situations and provided an important resource and an alternative for women who had

nowhere else to turn. After several years, however, its founders discovered that their

services were being "abused". Women were utilizing the socially approved resources

of Shakti Shalini to attain a divorce where it would otherwise have been highly

stigmatized, if not impossible. Krishna explained that:

[there were] women who miscommunicated their situation, at

times, to find legal backing when they wanted out of a marriage.
In one case, a woman came to us and told us that her husband
was beating her. We immediately stepped in- the police came
and arrested her husband... and then we found out from talking
to neighbors and relatives that she had been having an affair all
along. She just wanted out of the marriage.

The women who sought help from Shakti Shalini were using one of the few avenues

available to them- one that provided them a socially acceptable exit from the marriage.

The significance of a complaint of spousal abuse (real or not) provided a woman a

legitimate reason for a divorce, where previously no other acceptable means had been

available. While these incidents were not routine for Shakti Shalini, a growing

number of questionable complaints led the organization to adjust their strategies and

forced them to reconsider their objectives and the ways that they viewed the family.

The original mission of the organization, to assist in preventing harm to women

 69

threatened with dowry abuse, was expanded 1994 to include issues relevant to families

as well as to women.

It was at this time that Shakti Shalini shifted its focus from purely dowry-based

issues to more general concerns of the resettlement of women and concerns over

abandonment. The organization began to involve other family members in cases of

marital disputes, in order to consider the husband's viewpoint, and what was "best for

the children." A uniquely non-Western feminist consciousness emerged from the

realization that a woman's situation cannot, in many cases, be separated from the

family context. Krishna told us: "A wife can get a new husband, and a husband can

get a new wife, but children can never get new parents." The role of Shakti Shalini,

then, as advocate and liaison was modified to include family advocacy and counseling.

5.2.3 Mediation

The urban offices of Shakti Shalini seemed small and unassuming at first

glance, though on my first visit a legal hearing was being conducted in the outer

office, with family members, lawyers and a mediator present to officiate. Shakti

Shalini offers this service as an alternative to legal redress, since the founders believe

divorce to be a last resort for a desperate woman. Krishna described the

organization's views on such drastic, but often-necessary measures: "in divorce,

women and children lose." Negotiating compromise in the modest setting of the

NGO, the mediator attempts to reunite the family first, and if reconciliation is not

possible, then divorce proceedings may be initiated:

 70

Most women do not want a divorce. It's very difficult to try and
live on your own, without the support of family. We are
concerned for women, but also for the children in these cases. A
woman with children will have a hard time without the support of
her family. It's not fair to the children.

5.3 Case Study: An Urban Family

5.3.1 Background and History

Mrs. Anita Sinha is a thirty-nine year old divorced2 Hindu housewife and

mother of two, living in a middle class suburb of New Delhi. She and her two teenage

children live in a modest apartment with few belongings, though they take pride in the

suburb in which they reside, which is nearly beyond their economic means. They are

middle class Hindus, having adopted many of the social standards and values of the

suburban community in which they reside. For example, Anita attempts to maintain

the middle class distinction of a wife in seclusion, and she rarely ventures out of the

house unattended. The family is of a Merchant caste, and maintains close relations

with family members from Anita's hometown in mountainous North India, spending

several months each summer with her family. The powerful influence of their families

necessitated the development of a mutually agreeable "myth" of a brief separation,

which enabled Anita to preserve the family unit, and which enabled both husband and

wife to maintain family prestige and dignity.

Anita had been deserted nine years previously by her husband, and she and the

children continue to live in the residence she had established with her husband when
 71

they had moved to New Delhi in 1990. The apartment is still owned by her husband,

who pays the utilities each month, but who provides no other restitution, other than

tuition for the children's education. Anita is not employed outside the home, although

she has a college education in classical Hindi literature.

Anita and the children enjoyed living in their "colony" in New Delhi, which

was less densely populated than some of the other city suburbs, and was relatively

safe. The children spent warm summer evenings with nearby friends, strolling the

narrow streets lined with cars and chatting about school. Anita sometimes ventured

out during these social hours as well, when she would meet up with neighbor families

and exchange pleasantries. Parents would discuss their children's' activities and

check-in on elderly neighbors. Young children played "tag" and took turns daring one

another to come speak to me. At such times the colony had the feel of a small village,

and as I became familiar with the faces around the neighborhood, I sensed the

community pride with which these families conducted their daily routines, and the

comfort which made the chaos of the congested urban areas seem far away.

The proximity of the city environment was occasionally glaringly evident,

however, when the tranquillity of the colony was disrupted for a time. "There was a

murder here last year- a servant woman killed the family she worked for," the children

told me. "Everyone was shocked. It took the police a long time to sort out who did it.

No one ever thought that this woman would do that. She cleaned other people's

houses too. Lots of people knew her." Since then, a police officer visited each home

in the area one evening a week, inquiring about the number of people living in the

2
and her husband have mutually consented to a divorce, but do not acknowledge this with family
or friends, due to the high degree of stigma associated with divorce among Hindus.
 72

household and about their employment and daily activities, for the purposes of

maintaining security in the colony. For Anita, questions about the family were

awkward, and so she let her son explain to the officer that there were four family

members normally living in the apartment. They did not tell the police officer that Mr.

Sinha had moved out.

Anita felt that her children were receiving better schooling in the city than they

could in the remote northern region where she was raised. Her seventeen year-old son

and twelve year-old daughter attended the same private English-speaking schools that

many other neighborhood families sent their children, and they worked hard at their

studies each evening. "It's very hard for an Indian to get a good job right now," her

son Raj explained. "For even the most menial jobs there are hundreds, if not thousands

of applicants. That's why it's important to do well in school."

Anita met and fell in love with her husband while she was a student studying

classical Hindi at a small college near her hometown. They married at age nineteen:

We met while in college. I had a 'love marriage.' Most Hindus

have arranged marriages, but my husband and I met and decided
to ask our families to arrange our marriage. Most women don't
even know their husband until they are married.

Anita is from a small city in North India, and she and her children tell vivid

stories of the beauty and history of the Himachel region. In the 1980's, she and her

husband left the north for Bombay, and later New Delhi, when he found employment

there. After ten years of marriage, she discovered that her husband was having an

extramarital affair, and when she confronted him about it, he abandoned her and the

children. He has since remarried and he has a child with his second wife. Anita does
 73

not believe she was ever legally divorced, and she and her children do not

acknowledge Mr. Sinha's new relationship. The children do not go to see their father

in his new home, although he does make occasional visits to the colony to see them.

5.3.2 Adaptation and Survival Strategies

The social stigma of the divorce was difficult for the family, and so they did

not discuss it with community members or visitors, even though it was understood by

some neighbors that Mr. Sinha had moved out. Upon meeting the family, I was told

by Anita's seventeen year-old son Raj that his father was "away on a trip." I came to

learn that this was the way that Anita and her children portrayed Mr. Sinha's absence

to neighbors and friends. The situations where an explanation was required were

infrequent enough, and the ruse had credibility, since her husband worked for an

Airline. The family would simply explain to their neighbors and friends that he was

away from home for "some time", and would return later. It was preferable for them

to sustain the illusion of a congruent family residence, and Mr. Sinha's presence was

of utmost importance in maintaining the appearance of a "proper" family.

Each of the members of Anita's nuclear family has continued to maintain the

façade with neighbors and friends for the period of nine years since Mr. Sinha left. It

was not until I had stayed with the family for several days, in fact, that Raj confided in

me that his father did not actually live in the household. This revelation brought

mixed emotions about his father, who Raj both idolized and at times chastised. Raj

felt that his father's absence had put all of them in a difficult position:
 74

It's really hard, especially around festivals and holidays. We

can't always keep saying he's gone away on a trip. I'm sure
people are wondering by now why he never comes out.

The young man was forced to take on the role of the male "head of the

household" at times too, which he and his mother agreed was a difficult task. "I can't

go to the power company to complain when the electricity has been shut off," Anita

protested, "and they won't listen to him [Raj]he's just a boy." She was in many

ways still dependent upon her husband, at least until her son could take on more of the

responsibilities of the household head. Anita did not fill that position herself,

preferring instead to retain her traditional title and role as wife and mother. Indeed, the

title "Mrs. Sinha" was an important designation for Anita, and she spoke wistfully of

her husband's remarriage, as she felt that it diminished her own title: "I don't know if

he's really married to her- although he says he is. She uses his name. Now there are

two Mrs. Sinhas." Anita's deftly constructed façade had been breached by the

formation of her husband's new family.

In her struggle to meet the standards of womanhood, Anita sought to sustain

her title and status, requiring of herself restrictions that a family structure would

ordinarily invoke. She refrained from those tasks in which she would need to travel

unaccompanied, and she did not seek paid work outside the home. This latter fact

created some conflict for her, as it perpetuated her dependence upon the husband to

which she was only tangentially linked. As an adaptation strategy, Anita had recently

begun taking in "paying guests," though she was careful to keep this fact from her (ex)

husband. Mrs. Sinha also dutifully maintained the household and looked after the

children (and guests), shunning assistance and stating "It is my duty," as if to reinforce
 75

her socially sanctified position within the home. If she had sought employment, she

would likely have had a difficult time finding work, as she had few marketable skills

and an education that was more symbolically meaningful than practically useful. Her

most viable survival strategy was to continue to maintain her socially sanctified role as

wife and mother as long as possible.

With her strong desire to retain her role as wife, requiring a feminine

dependence upon a male household head, Anita was conscious of the concept of

guardianship. "Who is your guardian, Dawn?" she asked me one day. I explained that

I was no longer dependent upon my parents, as I did not live with them, and as I was

economically independent, I was "sort of my own guardian". "When you get married,

will your husband be your guardian?" she probed further. "Well," I responded, "we

will probably both be guardians of each other, I suppose. Who is your guardian,

Anita?" She replied without hesitation: "My husband." Though she had little

expectation that he would return to the family, Anita still held tightly to the relative

identity she was granted through the socially approved practice of marriage.

5.3.3 Looking to the Future

Anita often spoke about her husband in the present tense, with a mixture of

pride and sorrow. She showed me pictures of the family when they were together, and

she told me how much she enjoyed their marriage. "Isn't he handsome?" she asked

me, smiling. "He was a very good husband." She would then become quiet and

reflective. "Do you think he will return to me?" she asked me one afternoon. "I don't

know if I would take him back anyway," she mused in answer her own question.
 76

Anita felt that it was unlikely that she would ever date or remarry: "No one

else would take me and my children." She was frequently pensive about her life and

the changes since her husband had left. "I was only thirty years old when he left. I

never thought anything like that would happen. My love life was over in only a few

years. It was all over, just like that."

The only connections Anita still had with her husband were the few household

finances to which he contributed, and his occasional meetings with his children. He

had talked for years about selling the apartment, since it was worth a lot of money. If

the children lived with him, he told them, he could sell the apartment, and Anita would

be left to live on her own. She did not know where she would go if this were to

happen. "My brothers take care of my mother, and they all live together- it's already

too crowded." The children resisted living with their father, telling him that they

preferred to live with their mother. "I wouldn't want to live with his new wife

anyway," Amrita told me. For the time, Mr. Sinha continued to pay the utility bills,

although there was some question about how long he would do so, and often the

children had to prompt him in order to ensure that the electricity or water would not be

shut off. Were it not for the children, it is unlikely that Mrs. Sinha would have been

able to secure much economic support from her husband.

Since the separation, she had maintained a close relationship with her brothers

in her home village, but would likely never return to live there. "Krishna is so good to

me. He is a very good brother, and very well educated," she said of her eldest and

most successful sibling. "He is well liked in the community. He's very successful."
 77

When her husband's family had learned of the breakup of her marriage, however,

Anita said that they had blamed her.

They told me, 'You must have done something wrong. Why
would he just leave?' I tried to explain that I didn't do anything,
but they only blamed me. I must not have been a very good
wife, they said. My brothers though, they have always believed
me.

Anita's son would likely take over the guardianship of his mother when he

reached adulthood, and indeed, at seventeen he readily affected the posture of a

responsible household head when possible. "I would like to become an airline pilot,"

he told me, "but it's a long time to train for it, and it's very expensive. Also, I

wouldn't want to be away so much." After he marries, it is likely that he and his wife

will continue to live with his mother and sister, and he will take on the responsibilities

of the absentee "Mr. Sinha."

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6. Discussion

6.1 Stratification and Women's Subordination:

The social inequalities that affect women's roles in urban India have been

traced to the institutionalization of economic systems which stratify society by labor

skills and devalue women's work in the private sector. Esther Boserup (1970) drew a

parallel between the decline of women's productivity within capitalist economies and

the subordination that women experience socially. As industrialization forces women

into the informal sector, she proposed, their economic value declines, and hence their

social status is also undermined. In order to apply this to the situation for women in

north India, however, one needs to consider that social status is affected by tradition

and custom as much as economic production.

Economic theories can be useful in evaluating the causes of women's

subordination, although there are numerous cultural factors that simultaneously affect

economic and social practices. Within a shift to sedentary agriculture and the

development of industry in India, for example, came increased restrictions on

women's activities, notably through such practices as seclusion, restrictions on widow

remarriage and the enforced dependence of women on male wage earners. According

to Miller (1981), such conditions are less prevalent among lower castes, however, due

largely to the need for women's income. This theory would indicate that lower caste

women, by measure of their household contributions and earning capacity, are granted

more social mobility. In fact, the women that Shakti Shalini serves, mostly residents

of New Delhi's slum communities, have indeed been empowered to seek change in an
 79

organization that will assist them in asserting their rights, and if necessary, their

independence. Their economic potential may have benefited them by enabling these

women to contemplate a life away from the abusive home and take action in their own

best interests. They have not necessarily been granted household authority, however,

and it is ordinarily their abused and victimized status that brings them to the shelter.

Rae Blumberg suggests that economic autonomy can contribute to increased

household authority and self-esteem for women. Cultural factors, however, complicate

the notion of autonomy as a desirable trait, inasmuch as commitment to family directly

conflicts with ideas about financial independence or authority. Autonomous women

are social anomalies-- and the perceived need to restrict their activities persists among

middle class urban Indians. Criticisms of Western feminist conceptions of

"independence" as degrading and selfish further reduce the desirability among Indian

social activists to promote women's autonomy.

Economic theories that advocate autonomy frequently disregard commitments

to child care, and indeed, economic independence for an Indian woman with children

is nearly unthinkable. For Anita, motherhood was her primary obligation, and she was

able to make this a priority because of her husband's financial contributions to the

family. For many women, however, commitment to the duties of motherhood presides

over decisions to seek employment, despite the dependence upon other family

members that this may induce. To further complicate analyses of such patriarchal

practices, it should be noted that women themselves often perpetuate the very

stereotypes and practices which limit them, for purposes of retaining statuseven

when it produces economic hardship. In the case of Anita, she did little to facilitate
 80

her economic independence from her husband at least partly because she was

conscious of the loss of social status that it would include. The link between economic

dependence and perceptions of a woman's roles is a powerful one.

Conceptions of women's value in society have long been tied to their

contributions to family and ideals of status, traditionally through inheritance and

childbirth. Laurel Bossen (1989) has suggested that an increased emphasis on dowry

over time in India is symbolic of a shift in valuation as well as an overall reduction in

women's worth. The perpetuation of this practice, sometimes to extremes, further

indicates that women's value is measured largely in terms of economic potential. The

low value placed on women's domestic labor and the practice of seclusion common in

northern agricultural villages have been used to explain the practice of providing

dowry in marriage. In the case of an educated, employable (or employed) woman in

the urban setting, a considerable dowry is also essential because the value of her

education is weighted against the convention of marrying her to a better educated man

(which, due to market forces, requires yet a greater amount of dowry). Thus, an

increase in women's earning potential or educated status is not an absolute increase in

her status, but must be gauged relative to her potential husband's social standing.

Economic assessments of stratification correlate industrialization with an

economic (and hence social) devaluation of women. In village traditions of marriage

alliances, for example, a woman's purity and worth are measured by the reputation of

her family as well as a general awareness of her kin, her demeanor, and her caste. In

urban communities, families also arrange marriage alliances, and a woman's status,

physical attractiveness and worth are important contributing factors (see Appendix C).
 81

Dowry has gained importance as a primary indicator of worthiness in a marriage, and

it readily serves as a mark of distinction for the family of a young woman. The dowry

gifts have surpassed lineage or community alliances as the primary measure of value

for an eligible bride. As items pass from the bride's family to the groom's family, the

economic legacy of a woman is passed from one "guardian" (her father) to the next

(her husband's father). This re-enforces her dependency upon family members and

indelibly links a woman's value to economic factors.

Dependence upon others and the observance of ritual purity has long

constricted women's activities, especially widows and unmarried women. In the

urban setting, divorced women have become pariahs in the way that widows are in the

village, as neither widow nor divorcee is able to maintain her social worth without the

watchful eye of a guardian male. As dowry nearly equals purity as an indicator of

worth in the urban setting, the recent practice of "bride burning" may be seen as an

adaptation of the traditional practice of "sati." Family members unsatisfied with the

reliability or worth of a daughter-in-law may in fact purge her, rather than accept

responsibility for her well being. In the same way that the widow sullies those

associated with her, the degraded social value of the insolvent bride corrupts the

family.

Market based theories explain measures of social value in terms of economic

potential, and link gender stratification to changes in the industrial economy. The

noted increase in the urban practice of dowry is evidence to support this view, as

women's worth is measured by material wealth in economically "modern"

communities. Efforts to improve one's marketability in marriage, however, are

 82

influenced by the different measures of status applied to men and women. For an

educated, employed male, the investment of an education can be realized as an

increase in market value. For women, however, rules of protocol affect her in relative

terms- she must marry someone at least as educated as herself, and thus continuously

increase her marriage liability. Social factors such as negative perceptions of

autonomy are also relevant to social value, since women's economic independence is

not viewed as a desirable trait but something to be controlled. Social responsibilities

to family and community thereby continue to shape women's roles and status as well

as their "worth."

6.2 Movements and Organizations for Women

Social movement theories address the ideologies and strategies that

organizations utilize to create social change. The larger women's movement in India

has emerged from the efforts of numerous small specialized interest campaigns, each

of which has it's own agenda. Working toward goals of policy and awareness, their

actions have drawn women into a movement of reform and rebellion.

The Social Movement theories outlined in this thesis assume state policy

reforms and social awareness to be effective indicators of social change. Indeed,

awareness is ordinarily a primary step in the promotion of movement agendas, and

legislation can further validate movement ideologies. Social movement approaches

can also be variously affected by larger political and social processes, such as the

Hindu nationalist agenda. In the case of fundamentalist political efforts such as those

promoted by the BJP, ideologies are sometimes reinforced by political momentum.

 83

Traditional notions of womanhood and family have been a primary component of the

Hindutva agenda, and this has served to bolster their political ideologies.

In assessing movements based on public policy and regulation, it is tempting

to point to legislative changes as evidence of "social advancement." The women's

movement in India, made up of various special interest organizations and campaigns,

pressed for and witnessed the administration of numerous laws and programs to

benefit women in the previous three decades. Awareness of dowry crimes increased,

and legislation against the practice of demanding dowry was established in response to

social criticisms largely propelled by the women's movement. These gestures,

however, do not remedy the causes of dowry practices, violence against women or

female subordination. They aim to criminalize extreme actions, rather than attempt to

shifi ideologies.

Diane Mitsch-Bush proposes that state policies have not been proven to affect

conditions for marginalized people or to improve social institutions that perpetuate

subordination. State policies are necessarily specific to behaviors, and as such, are

exclusively useful to a specialized category of people. Laws designed to protect

women from violence, for example are useful in apprehending abusers, but will not

affect the root causes of such violence if societal forces prevent a woman from

reporting the abuse. Societal factors also have helped Anita Sinha maintain her

lifestyle, without the support of laws or organizations. Laws that protect a woman's

individual rights in divorce are helpful to a small segment of society, but for Anita, the

stigmatization of individualism was a significant influence. Additionally, she strives to

 84

identify herself with middle class Hindus, and so would not likely appeal to an

organization that serves poor or lower caste women.

Social movement theories emphasize the ineffectiveness of state policy alone

to address social change, but acknowledge that policy and community reforms are

important mechanisms for mobilizing support. The loss of movement momentum

attributed to gains in legislative policy (perceived to have more of an impact than they

actually do), is evidenced by the ideological shifts that Shakti Shalini reported since

the organization's inception. The organization was formed by angry women who were

outraged at the practice of dowry violence and deathsspurred in part by personal

experience and the impetus of protest movements. With eventual improvements in

anti-dowry legislation and public awareness of dowry violence, however, they

underwent a shift in emphasis. The agency began to assume the agenda of state

programs (such as the Crime Cells and Courts), which focus more on general "family

needs," rather than specific women's problems. Dowry, domestic abuse and marital

conflictall detrimental to womenare now situated within the larger context of

family and community.

Calman suggests that religion and family are factors that may influence

movement agendas, and indeed, Shakti Shalini considered that changes in urban

communities have destabilized families. Social conditions that normally create marital

bonds were eroded in the urban milieu, resulting in family problems. Thus, as an

adaptation of their original mission, the women began to replicate practices

traditionally ascribed to village elders or community members, and they confronted

men and women about their failures in marriage. Their attempt to restore community-
 85

level values to a non-traditional urban social order reinforces Calman's observation

about the importance of value systems in movement ideology, and parallels the actions

of fundamentalist "family values" political organizations. Shakti Shalini adopted the

family centered approach of the right-wing nationalist movement without overtly

advocating political ideologies. This suggests an overall shift in social perceptions of

women's issues, which organizations like Shakti Shalini support in their everyday

endeavors.

The Indian women's movement also seems to have shifted its emphasis from

infrastructural reforms to community responsibility, perhaps in reaction to the failure

of government programs to institute real changes. Individual concerns are important,

advocates proposed, but in order to improve conditions overall, women's needs must

be considered within the larger social context. The individual and community are

interdependent, suggested Madhu Kishwar (1997), and feminists began to articulate

the importance of community efforts in improving conditions for women. Social

Movement theory suggests that this level of involvement has the most significant

effect on women's conceptions of personal, familial and social empowerment. The

process of "naming and analyzing the problem of women's inferior status and power"

(Calman 1992: 10) will help women affect substantial change.

 86

7. Conclusions and Recommendations:

The current social climate in urban north India is at present unfavorable to

women's social empowerment, and the continued devaluation of women has caused

family tensions and frustrated advocates for women's issues. Activists recognize that

any movement aimed at social change must consider the patriarchal environment and

work within it, and this is what organizations like Shakti Shalini and Manushi attempt

to do. By avoiding challenges to the system that creates oppression, however, these

organizations are at risk of losing their effectiveness and compromising a women-

centered agenda for one that favors family. Without an ability to affect her own

ideologies and behaviors, a woman is limited to proscribed gender roles and limited

household authority. Larger social endeavors such as those promoted by the Hindu

nationalist political parties further contribute to the continued subordination of north

Indian women by reinforcing traditional values and by framing family ideals in

opposition to those of the feminist movement.

Women's rights activists and organizations in India have demanded an end to

the apathy that has enshrouded women's issues, and state policy reform has validated

women's complaints (like dowry) without addressing the causes. Legislation and

political support for women's issues are, however, important steps in the process of

raising awareness and creating cultural change. Cases of bride burning and domestic

violence have been brought to the attention of the public by dedicated social

reformers, and agitation against such remarkable acts of hostility toward women has

drawn perfunctory support for women's causes. The Women's Crime Cells and
 87

Family Courts are, as of yet, neither a solution nor a preventative. At their most

efficacious, they are symbolic of a societal acknowledgment of the need for women's

services. Without further improvements to such services, few substantive social

changes will result.

7.1 Police Action

The training that Crime Cell personnel receive continues to perpetuate a

distinction between family issues and the polity, and inspectors' directives to

"reconcile" the marriages of those who seek police intervention only undermines the

effectiveness of the law. Cases "suspected" of being abused are registered and

"looked into". Evidence or complaints of abuse must not go uninvestigated, or public

perceptions of police authority can suffer irreparable harm. Policy that is "pro-family"

should not be perceived as "anti-action."

Reports of police harassment or corruption have tainted public perceptions of

officers and investigators, and this undoubtedly affects the usefulness of the Crime

Cells as intermediaries. Previously advertisements on television increased awareness

of the units, and other sources of media might be utilized as well to improve

perceptions of the police and the crime units. Police presence in neighborhoods and

local courses in self-defense taught by officers might also instill a sense of security in

vulnerable individuals, and break down barriers between community and law

enforcement.

Bureaucratic apathy and corruption promotes cynicism among India's

citizenry, and an unwillingness to address crimes against women directly has created
 88

skepticism of the political order to affect change. Actual incrimination for crimes

committed against women may draw further attention to the seriousness of violent

acts, and incarceration for abuse or dowry violations would send a strong message to

society and to families and individuals who exploit the practice of dowry.

7.2 Shakti Shalini and Support for Women

Economic authority is viewed as an important factor in women's

empowerment, and organizations like Shakti Shalini are invaluable resources for

disseminating educational and practical information about programs that enable

women to help themselves. The organization should consider ways that they might

create positive perceptions of autonomy, including improving perceptions of

autonomous women as "family centered" and focused on community. Providing

mentoring or job shadowing for economically disadvantaged women might affect

these perceptions and help to challenge the association of autonomy with

"individualism" and focus instead on "cooperative empowerment" within the

community and family. Female centered and administered employment agencies or

cooperatives could increase the willingness of women to enter the work force, and

provide social support networks reinforce the accomplishments of women.

Family obligations affect earning potential, and for poor women, economic

mobility is complicated by childcare duties. Shakti Shalini should include family

planning and education programs which promote smaller family size in their services,

with an emphasis on the financial and social benefits. For working women, Shakti

Shalini could introduce support systems that would help to facilitate child care and
 89

provide needed assistance. Cooperatives and day care centers would ease pressures on

working women and provide social networks for women. These would enable women

to consider economic opportunities and personal goals in conjunction with obligations

to family.

Similar support systems for divorced or abandoned women could reduce the

level of stigma associated with marital separation, and increase awareness of the rising

incidence of divorce. Because it is undesirable for a woman to live alone, urban

women's organizations and the Indian government should provision for cooperative

living centers for single women. Families could share responsibilities (in the same

way that joint families do), and reduce the economic and social disadvantages of

living alone. The potential significance of increased self-esteem and confidence in the

area of social change could greatly benefit future generations of girls and women.

7.3 Future Implications

Contemporary measures of women's status have been derived from traditional

belief systems and economic factors, culminating in marriage practices which

continually devalue women. Recent urban adaptations of dowry practices, for

example, have entailed the manipulation of economic and social factors to establish

the market value of women, and this has situated women's efforts for betterment in

direct opposition to normative measures of well being. Educating oneself and

improving one's social status is thus not necessarily economically beneficial, and such

measures become self-defeating. In the current urban social milieu, self-improvement

is potentially damning for women.

 90

The practice of dowry is itself a symptom of a social system in conflict, and

government programs or grass roots efforts only address portions of the larger

problem. Patriarchy itself is rarely questioned, and is even perpetuated by women,

and so contemporary practices only exacerbate hierarchies that exist within family and

community, and which subordinate women. If women's rights activists were to

promote feminine ideologies that incorporate concepts of autonomy and impute value

in the individual, those women on the margins might finally be able to inhabit an

acceptable social niche. Without fundamental challenges to the social order, many

women will continue to be marginalized due to the extraneous factors by which their

values are determined.

Indian women have long struggled to refine their roles within patriarchy, and

the formation of a movement has emerged from a range of independent issues.

Women have begun to reshape the culture which created their condition, and gain

empowerment. Utilizing existing channels while they endeavor for new ones, the

activists of India have succeeded in affecting policy and societal change. The greatest

improvements will emerge, as Leslie Calman posits, as women move toward

meaningful participation and personal and community empowerment (1992:9).

 91

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 96

Appendices
 97

Appendix A

The Hindu Classified

Matrimonial Brides Wanted

Tamil Speaking Muslim, 29/165. M.Sc., Engg., well settled
own Business, seeks fair, good-looking, homely, well
educated, good family background bride. Box No.HOL-2 145,
The Hindu, Chennai - 600 002, India.

Vadama Kousigam Sathayam, B.E., M.S., in USA, 3 1/160,

very fair, handsome, seeks bride, preferably Software
background, India or USA. Reply: Box No. HOL-2 146, The
Hindu, Chennai 600 002, India.

Tirunelveli Saiva PiIlai, 25/165, Computer Professional,

Owns Institute, Rs.20,000/-, seeks educated, good-looking
bride, IndialAbroad. Reply: Box No.HOL-2 147, The Hindu,
Chennai - 600002, India / Ph: 91-044-4872682 / E-mail:
ambai47@hotmail.com

Alliance For Hindu, 33/180, Athletic boy, Vice President,

Leading German Bank, Newyork, Hi Visa, Green Card in
December'99, MBA (IIMA), MBA (Wharton, Leading US
Business School), cultured family, brother, sister employed in
US, seeks fair, good-looking, 25-31/160, India/US based
Graduate girl, good family background, early marriage.
Caste/Language no bar. Reply with Bio-Data indicating Age,
Height: Box No.HOL-2 148, The Hindu, Chennai - 600002,
India.

Broad Minded Christian parents invite matrimonial

correspondence for their Son, Professional, US Citizen,
38/170, fair, handsome. No bars. Please forward
details to:
P.O. Box No.1429, Levittown, PA-19058 / E-mail:
wellieboot@aol.com

Karkathar Vellala Pillal, 35/175, CAJJCWAI, PR Singapore,

seeks fair, Tamilian, Computer Science Graudate girl. Reply:
Box No.HOL-2 149, The Hindu, Chennai -600002, India.

Back to Classified
 98

Appendix A

The Hindu Classified

Matrimonial - Bridegrooms Wanted

Thivya Girl (Kannu, Madras based), good-looking, 321155,
Ph.D., recently employed Canada. Proposals invited from
highly qualified boys, well employed, USA/Canada. Send
detailed Bio-Data, horoscope: Box No.HOL-2 138, The Hindu,
Cherinai 600002, India.

Vadama Powruguthsam Chitrai, B.E., USA employed,

26/166, seeks suitable USA groom. Reply with horoscope:
Box No.HOL-2 139, The Hindu, Chennal - 600 002, India.

Vadama Powruguthsam Moolam(II), B.E., System Analyst,

28/165, seeks suitable USA groom. Reply with horoscope:
Box No.HOL-2 140, The Hindu, Chennai -600002, India.

Tirunelveli Saiva Pillai girl, Sathayam, 26/158, Computer

Professional, B.E., USA, Hi Visa, visiting india mid-June'99,
seeks suitable groom. Respond Bio-Data, horoscope: Box
No.HOL-2 141, The Hindu, Cherinai - 600 002, India / Phone:
91-0452-605069 / E-mail: manohara@microsoft.com

Iyengar Girl, 30/160, US employed, Computer Professional,

beautiful, fair, innocent Divorcee after brief marriage, no.
encumbrances, pleasant and easy going, seeks educated, clean
habits groom from respectable family. Caste no bar. Reply:
Box No.HOL-2 142, The Hindu, Chennai - 600 002, India /
E-mail: sr325@hotmail.com

Choose the right partner to make a happier home. You are

below 27, exceptionally qualified ((ifs, (EMs, CM, Doctors,
etc), Tamil Brahmin, preferably Brahacharnam
(Non-Kashyapa Gothram) with good family background and
earning enough to lead a comfortable life to match today's
lifestyle. Send your horoscope for a career minded girl
(B.Com.(Hons), Shri Ram College of Commerce and Masters
in Business Economics, Delhi University) who is being
groomed by parents to takeover a highly professional
Advertising Agency based in Delhi, Mumbai, Bangalore and
Chennai. Correspond: Box No.HOL-2 143, The Hindu,
Chennai - 600 002, India (or) E-mail at:
a invited@hotmail.com
 99

Appendix B

Principal problem for each of the women served by the Woments

Centre, Bombay during the period April 1990 through April 1991
is
1) Beatings by husband -

2) Other harassment by husband - 6

Thrown out of the marital home 12
3)
4) Desertion by husband 9
5) Extra-marital affair of husband 6
6) Bigamy - 10
7) Harassment by husband and in-laws 12
Dowry harassment - 3
8)
9) Sexual harassment -. 2
Single women being harassed by family 3
10)
Authoritarianism of parents and guardians 3
11)
Services (Jobs, Shelter, Scholarships etc.) - 16
12)
-
13) Miscellaneous
Total - 102
 100

Appendix C

FAMILY COURT

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